Principle

EVIDENCE LAW – Estoppel – Effect of Failure of Plaintiff in Previous Action on Subsequent Action by Defendant

Area of law
EVIDENCE LAW
Court
Supreme Court

A previous plaintiff's failure to prove title does not create an estoppel against that same person when they become the defendant in a later action. The failure to prove is not a positive finding that the previous plaintiff had no title—it merely means they did…

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