Concept

Burden Proof

Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / The fence … was more likely a

"Even though the circuit failed to make adequate findings, and virtually ignored the thrust of the defendants’ evidence as to tacking, the defendants are not entitled to an adverse judgment decision on appeal. It must be remembered that we do not sit in nisi prius, and at all times the burden of proof remains with the defendants as to adverse possession; plaintiffs’ burden is an entry level burden of production, if they have any at all. Thus, once the plaintiffs have proffered enough evidence to raise their title to the land, the ultimate burden of persuading the factfinder that they were the beneficiaries of adverse possession under the tacking theory rests with the defendants. On this basis, we reject the defendants’ request for judgment as to their adverse possession claim. As we stated in Burnside, 194 W.Va. at 275, “[f]indings of facts are adequate only if they are sufficient to indicate the factual basis for the ultimate conclusions. If an order lacks adequate detail, the case will be remanded for additional specificity.”"

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Burden Proof | Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 | Bifalgorithm | Bifalgorithm