Principle

EVIDENCE LAW — Traditional History — Divergent Accounts — Resolution by Recent Acts of Possession

Area of law: EVIDENCE LAW
Court: Supreme Court

When traditional histories conflict, courts should not simply prefer one over the other based on belief. The parties honestly believe their versions. The court should seek other evidence, particularly recent acts of possession and control. Unchallenged possession and exercise of control over the land may…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in