outstanding title defense
Defined in 1 dictionary — Case Law
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.