Principle

CIVIL PROCEDURE — Trespass to Land — Action for Trespass and Injunction — When Title is Put in Issue

Area of law: CIVIL PROCEDURE
Court: Supreme Court

Once title is raised in a trespass action, the plaintiff must prove better title. The principle applies to land disputes. Possession alone is insufficient. The rule protects true owners. The plaintiff must adduce evidence of superior title. The principle is well-established.

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