Thornton v. Loiselle

The burden of proof to establish the encroachment rested on the plaintiffs. After both sides had rested their case, the court rendered its decision wherein it said:

“I have changed both surveys, the one which Mr. Tilbury used and the one which Mr. Loken used, neither one of them I have held is correct. In other words, Mr. Loken’s was located at exactly 132 feet. I have held it is not correct because of the shortage and the north line which I have to compensate for. There is no evidence at all of the accuracy of that stake. Mr. Cray who has worked in there doesn’t know who put it in or when it…