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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,... "
A Treatise on the Trial of Title to Land: Including Ejectment, Trespass to ... - Page 87
by Arthur George Sedgwick, Frederick Scott Wait - 1886 - 884 pages
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 101

Alabama. Supreme Court - Law reports, digests, etc - 1895 - 894 pages
...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...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 action of ejectment, founded...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 119

Alabama. Supreme Court - Law reports, digests, etc - 1899 - 832 pages
...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, Volume 19

Florida. Supreme Court - Law reports, digests, etc - 1887 - 970 pages
...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 ..., Volume 1

Henry Jacob Labatt - Law reports, digests, etc - 1861 - 1182 pages
...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 - Bankruptcy - 1863 - 756 pages
...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, Volume 1

California - Civil procedure - 1872 - 892 pages
...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, Volume 1

Law reports, digests, etc - 1874 - 778 pages
...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 ..., Volume 2

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1875 - 786 pages
...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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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 - Law reports, digests, etc - 1882 - 582 pages
...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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The Pacific Reporter, Volume 173

Law reports, digests, etc - 1918 - 1214 pages
...whether or not a certain instrument would cast a cloud upon the title of the plaintiff's property, It was said: "Would the owner of the property, in an action...shade would be cast by the presence of the deed." The statute (section 1426o, Civil Code) proTides that the filing of the documents shall be within 90...
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