Home >> Cyclopedia-of-law-vol-10 >> Other Examples Where The to Whom The Covenant Benefits >> Rule the PleadingsMust

Rule the Pleadings Must Show Title


RULE . THE PLEADINGS MUST SHOW TITLE. Another rule to attain cer tainty is that the pleadings must show title. Under this rule, where a party alleges title in himself or an other whose authority he pleads, it is often sufficient to allege a title of possession ; that is, that the property is "the goods and chattels of the plaintiff", or "that plain tiff was lawfully possessed of them as of his own prop erty", or "the close of the plaintiff", etc. A title of possession will be applicable, that is, will be sufficiently sustained by the proof of an interest in remainder or reversion. Where a title of possession is applicable, the allegation of it is, in many cases, sufficient in plead ing, without alleging title of a superior kind, the rule being that it is sufficient to allege possession as against a wrongdoer. This does not hold good, however, in replevin, or in real or mixed actions.

Where the rule as to alleging possession against a wrongdoer does not apply, there, though the interest be present, or possessory, it is generally not sufficient to state a title of possession, but some superior title must be shown, and it must be alleged in its full and precise extent.

Where a party alleges title in his adversary, it is not necessary to allege it more precisely than is suffi cient to show a liability in the party charged, or to de feat his present claim. Usually it is sufficient to allege a merely possessory title, though this is not always so, as, for example, in suing the defendant for rent. Even where the allegation of possession is not sufficient, the derivation of title, if required to be shown at all, is never expected to be shown as fully and precisely as when the party is pleading his own title. Title is or dinarily, of the substance of the issue, and when so it must be proved strictly as laid.

Certain exceptions to the foregoing should be stated. Thus no title need be shown where the oppo site party is estopped to deny the title ; this is only where the estoppel goes to the full extent of the title which the pleader desires to establish ; if it stops short of this point, the title should be alleged.

possession, sufficient and party