outstanding title defense
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 31 U.S. 302 - James Greenleaf's Lessee v. James Birth · 1832Most cited · 42 citing opinions
The defendant sets up no title in himself, but seeks to maintain his possession as a mere intruder, by setting up a title in third persons, with whom he has no privity. In such a case it is incumbent upon the party setting up the defence, to establish the existence of such an outstanding title beyond controversy. It is not sufficient for him to show that there may possibly be such a title. If he leaves it in doubt, that is enough for the plaintiff.
How often courts cite the case defining “outstanding title defense”
Court decisions citing the opinion that defined “outstanding title defense” — 42 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.