Bitter v. Saathoff

Citations

• 98 Ill. 266
• 1881 Ill. LEXIS 251

Syllabus

<p>1. Degree of evidence required in civil actions. In an action of ejectment to recover a narrow strip of land separated from the plaintiff’s land by a division fence, made under a verbal agreement between the plaintiff’s grantor and the defendant, where the defence turned mainly upon whether the agreement in question in respect to the division line between the several premises as a boundary line, had been sufficiently established, it was held error to instruct the jury for the plaintiff that the defendant must establish liis claim to the land, so far as it was based upon such agreement, by a clear preponderance of the evidence.</p> <p>2. Whether' an agreement has been made and acted upon by two owners of adjoining lauds, that a division fence should be the dividing line between their respective premises, is a question of fact for the jury, to be decided by the preponderance of the evidence, the same as in any other disputed question of fact.</p>