- Flynote
- Land
- Case summary
- In re-evaluating the evidence, the appellant court found that the trail magistrate had not properly considered the evidence. The respondent had failed to prove a better claim to the land on the balance of probabilities yet the appellant enjoyed possession of land. The court further noted that a person in possession of land in the assumed character with rights of ownership has a perfectly good title against the entire world but for the rightful owner. The court thus ordered that judgment of the trail magistrate be set aside and a new judgment entered for the appellant against the respondent. The appeal was thereby allowed with costs to the appellant.