| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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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