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" Would the owner of the property, in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery. If such proof would be necessary, the cloud would exist; if the proof would be unnecessary,... "
The Central Law Journal - Side 259
1880
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 101

Alabama. Supreme Court - 1895 - 894 sider
...Lytle v. Sandefur, 93 Ala. 399, 9 So. Rep. 260. The test, as we have heretofore laid it down, is : ' 'Would the owner of the property, in an action of...proof would be unnecessary, no shade would be cast by the presence of the deed." In this case, if complainant were sued by the city for this land in an...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 119

Alabama. Supreme Court - 1899 - 832 sider
...ichat is. — As to whether a deed is a cloud on title, the true test recognized by our decisions is, "would the owner of the property in an action of ejectment...would be necessary the cloud would exist." If the instrument on its face is plainly illegal and void, there is no cloud and no necessity for equitable...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volum 19

Florida. Supreme Court - 1887 - 970 sider
...is whether in an action of ejectment brought by the grantee founded upon such deed, the owner would be required to offer evidence to defeat a recovery....such proof would be necessary the cloud would exist, and if such proof would not be necessary no shade would be cast upon the title by the deed. If the...
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A Digest of the Decisions of the Supreme Court of the State of ..., Volum 1

Henry Jacob Labatt - 1861 - 1182 sider
...question whether a deed would cast a cloud upon the title of the plaintiff may be determined, is this : Would the owner of the property in an action of ejectment...such proof would be necessary, the cloud would exist; otherwise, not. Ib. 85. Every deed from the same source through which plaintiff derives his real property...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 sider
...question whether a deed would cast a cloud upon the title of the plaintiff may be determined is this : Would the owner of the property, in an action of ejectment...such proof would be necessary, the cloud would exist ; otherwise, not. id. 14. Л complaint alleging that plaintiffs had, for a long time, conveyed water...
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The Code of Civil Procedure of the State of California, Volum 1

California - 1872 - 892 sider
...Fordyce, 17 Cal., p. 149. The test by which the question whether a deed would cloud title, is thia: would the owner of the property, in an action of ejectment...recovery? If such proof would be necessary the cloud would exiH; otherwise, not.— Pixley vs. Huggins, If) Cal., p. 128. If it is adjudged that the defendant...
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The American Law Times Reports, Volum 1

1874 - 778 sider
...whether a deed would cast a cloud upon the title of the plaintiff, may be determined, is this : — " Would the owner of the property in an action of ejectment, brought by the adverse party, founded on the deed, be required to offer evidence to defeat the recovery ? If such proof would be necessary,...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volum 2

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 sider
...question, whether a deed would cast a cloud upon tlK1 title of the plaintiff, may be determined, is this : Would the owner of the property in an action of ejectment, brought by the adverse party, founded on the deed, be required to offer evidence to defeat the recovery? If such proof would be necessary...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volum 15

Florida. Supreme Court - 1876 - 806 sider
...question, whether a deed would cast a cloud upon the title of the plaintiff may be determined, is this: Would the owner of the property, in an action of ejectment...proof would be unnecessary, no shade would be cast by the presence of the deed. If the action would fall of its own weight, without proof in rebuttal,...
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Reports of Cases Argued and Determined in the Supreme Court of the Territory ...

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1882 - 582 sider
...question whether a deed would cast a cloud upon the title of the plaintiff, may be determined, is this : " Would the owner of the property in an action of ejectment...such proof would be necessary the cloud would exist." Apply this test to the case at bar and the question before us is decided at once. The defendant, with...
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