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Burden Proof

Burden Proof (Property · The fence … was more likely a) — "Even though the circuit failed to make adequate findings, and virtually ignored the thrust of the de…

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  • The defendants are not entitled to an adverse judgment on appeal.
  • The circuit court failed to make adequate findings and virtually ignored the defendants’ evidence concerning tacking.
  • The appellate court does not sit as a court of first instance.
  • The burdens of proof govern the adverse-possession claim.
  • The plaintiffs bear only an entry-level burden of production, if they bear any burden at all.
  • The defendants retain the ultimate burden of persuading the factfinder that they benefited from adverse possession under the tacking theory.
  • Once the plaintiffs present enough evidence to raise their title to the land, the defendants’ ultimate burden becomes controlling.
  • Findings are adequate only when they indicate the factual basis for the ultimate conclusions.
  • An order lacking adequate detail must be remanded for additional specificity.
  • On this basis, the request for judgment on the defendants’ adverse-possession claim is rejected.
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Burden Proof

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Property

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"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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