Tillery's Lessee v. Wilson

Counsel

WHITESIDE, for the plaintiff, insisted that as a deed from the defendant Wilson to one Miller recited this power of attorney, it ought to be taken as true against Wilson, under whom the plaintiff claimed, [fn1] though it is objected that the plaintiff must recover by the strength of his own title, and not by the weakness of his adversaries. This principle cannot obtain here. It has been decided, that, in ejectment, the purchaser at a sheriff's sale against the person as whose property the land was sold is not under the necessity of going further back in deraigning his title than the sheriff's deed to him. The presumption is that the land has been granted, and of this opinion was CAMPBELL, EMMERSON, JJ., [fn1a] and OVERTON, J., dubitatur, but was inclined to think there was the same necessity for showing title in this case on the part of the plaintiff as in any other. Verdict for the plaintiff. [fn1] See 2 Bay, 141; 3 Binn. 179. [fn1a] Vide 3 Caines, 188.