 | Alabama. Supreme Court - 1895 - 894 lapas
...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 - 1899 - 832 lapas
...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 - 1887 - 970 lapas
...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 - 1861 - 1182 lapas
...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 - 1863 - 756 lapas
...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 - 1872 - 892 lapas
...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... | |
 | 1874 - 778 lapas
...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,... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 lapas
...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... | |
 | Florida. Supreme Court - 1876 - 806 lapas
...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...no shade would be cast by the presence of the deed. If the action would fall of its own weight, without proof in rebuttal, no occasion could arise for... | |
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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,... 
