Bifalgorithm post · Property · The fence … was more likely a
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…
Ideas in this flowchart
- 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.
