Tuftonboro v. Willard

The first part of the defendant’s motion raises the issue of the sufficiency of the evidence to sustain the master’s findings and rulings, and in order to pass upon this issue we must consider the competency of the evidence upon which those findings and rulings are based.

The testimony concerning the existence and location of the faced wall referred to in the statement of facts was admissible to show the location of the westerly line of the highway. “The erection of a fence or wall as a permanent structure along the side of a wrought road is more probably than not intended to mark the line…