Benjamin Robbins Curtis

Name: Christy v. Scott — Opinion of the Court
Author: Benjamin Robbins Curtis

Summary

“Christy v. Scott — Opinion of the Court”, is a work by Benjamin Robbins Curtis. It explores elements such as plaintiff, plea and defendant.

Quotes from Christy v. Scott — Opinion of the Court (Benjamin Robbins Curtis)

Benjamin Robbins Curtis, Christy v. Scott — Opinion of the Court

“ We cannot conceive that such a mode of pleading could be admissible under any system. At the common law, if the allegation that the plaintiff's paper title is under a grant mentioned in the plea, had been traversed, it would have led to an issue which, if found for the plaintiff, would determine nothing, and, therefore, the plaintiff cannot be required to answer such a plea. And where pleadings are so conducted as not to terminate in issues, as in Texas, such an answer neither confesses and avoids, nor denies the seisin, or trespass, alleged in the declaration. ”

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Source: Wikisource

Benjamin Robbins Curtis, Christy v. Scott — Opinion of the Court

“ It is impossible that the court should approach an adjudication of a case, involving elements so new and difficult, without much anxiety, lest they should have failed entirely to comprehend and fitly to apply them. And it is obvious, that before it is possible to do so, all the facts constituting the title of each party, and essential to a complete view of the case, and especially the documentary evidences of those titles, should be placed before us, in a determinate form. ”

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Source: Wikisource

Benjamin Robbins Curtis, Christy v. Scott — Opinion of the Court

“ The defendant, not denying this, answers, that if the plaintiff had any paper title, it was under a certain grant which was not valid. He shows no title whatever in himself. But a mere intruder cannot enter on a person actually seised, and eject him, and then question his title, or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. ”

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Source: Wikisource

Benjamin Robbins Curtis, Christy v. Scott — Opinion of the Court

“ This is a writ of error to the District Court of the United States for the District of Texas.
The plaintiff in error filed a petition, in which he avers, that on the 1st day of June, 1839, he was seised in his demesne as of fee of three tracts of land, described in the petition by metes and bounds, and that the defendant, with force of arms, ejected him therefrom, and has thenceforward kept him out of possession thereof; and he prays judgment for damages and costs, and for the lands described. ”

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Source: Wikisource

Benjamin Robbins Curtis, Christy v. Scott — Opinion of the Court

“ The office of a plea is, to state on the record the answer of the defendant to the allegations of the plaintiff, but not to the evidence by which the defendant conjectures the plaintiff will endeavor to support those allegations. ”

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Source: Wikisource

Benjamin Robbins Curtis, Christy v. Scott — Opinion of the Court

“ The defendant's third plea, by him in his answer pleaded, attempts to set up, in bar of plaintiff's action, the issuance of the grant under which the plaintiff claims, without the approbation of the executive of the Republic of Mexico, when, by the law of the State of Coahuila and Texas, under which said grant was issued, there was no prohibition to the issuance of said grant without such approbation, and the said fact pleaded is no bar ”

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Source: Wikisource

Benjamin Robbins Curtis, Christy v. Scott — Opinion of the Court

“ There are cases in which such allegations, showing the source or nature of the plaintiff's title, are a necessary part of a defence. Whenever the defendant must plead specially any matter which is a good defence to one title, and not good to others, and the declaration does not show on what particular title the plaintiff relies, the defendant must, by proper averments, set out the plaintiff's title and the answer to it ”

Benjamin Robbins Curtis

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