See Also:

• EVIDENCE - Burden of Proof or Standard of Proof - Standard of proof and burden of proof in a claim for declaration of title to land

  "Civil cases, as is well known, are decided on a preponderance of evidence. This is even more so in a case where a plaintiff seeks to be awarded the discretionary…

• LAND LAW: Title to Land - Burden of proof in an action for declaration of title to land

  "It is thus for the respondent herein who claims declaration of title to the land in dispute, trespass and injunction against the appellant to establish his title by supplying credible…

• APPEAL: Findings of fact - Unwillingness of the appellate court to interfere with findings of fact

  “Thus findings of fact are made by a trial Judge after carefully reviewing the evidence before the court and conclusions or inferences can be drawn from those facts by any…

• EVIDENCE - BURDEN OF PROOF/ONUS OF PROOF - Effect of failure to discharge the burden of proof placed on a party

  "...Therefore when the defendants introduced their pleadings, issues that would convert him to be a claimant/plaintiff on such issues, it is his duty to prove the existence of such facts…

• LAND LAW - Declaration of Title To Land - Duty of a claimant/plaintiff in an action for declaration of title to land

  "A long line of authorities have established that a plaintiff seeking a declaration of title to a piece or parcel of land must be able to prove its identity with…