Opinion

Vanderbilt v. Brown.

  • 128 N.C. 498
  • 39 S.E. 36
  • 1901 N.C. LEXIS 421
Court
Supreme Court of North Carolina
Filed
Jun 5, 1901
Status
Published
Author
Douglas
On the bench
Claeic, Douglas
Cited by
2 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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