The opinion
Douglas, J.,
concurring.
While concurring in the judgment of the Court, and substantially in its opinion, I doubt *503 wheither a plaintiff ean, in an action of ejectment, set tip a worthless bond for title purporting to have been made to some one under whom the defendant is supposed to claim, and thus shift the burden on the defendant of proving his title. It is not even color of title for the defendant, and is noit inconsistent with a better title from a different source. If the defendant admits that he holds under the bond, of course he must abide by its legal effect; but if he repudiates it, the burden should remain upon the plaintiff.
It is a well settled principle that a plaintiff in ejectment must recover upon the strength of his own title, and not upon the weakness of the title of the party in possession.