Harrison v. Davis

CONCURRING OPINION OF

ROBERTSON, C.J.

I concur in the opinion1 of the majority of the court but desire to place my concurrence on the second point upon a different ground. In an action of ejectment or to quiet title to-land it is incumbent on the plaintiff to prove title and he ordinarily does that by deraigning the title from its origin. But where there is a subsequent common source from which both plaintiff and defendant claim title to the premises in. dispute the state of the title anterior to that source is immaterial since though it be defective the defendant would be estoj>ped from taking…