Rowland v. Updike

The opinion of the court was delivered by the

Chief Justice.

The plaintiffs, on the trial, having shown a clear documentary title to the premises in dispute, the defence rested solely on the claim of adverse possession. The burthen of proof was, therefore, upon the defendants. It was incumbent upon them to establish the fact of adverse possession beyond a reasonable doubt. The jury having found for the defen dants, a new trial is ashed, upon the ground that the verdict is against the weight of evi deuce.

The evidence on the part of the defendant does not clearly establish the fact of adverse…