It consists the courses and distances run the surveyor, aud of the marked trees at the lines and corners, or other natural objects vvhich ascertain the very land which was actually surveyed.
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The courses and distances are less certain and less permanent guides the land which was actually surveyed and granted than natural and flxed objects the ground but they are guides some extent, and, In the absence ail others, must govern If a grant made which describes the land granted course and distance only, or natural objects not distinguishable from others of the same kind, course and distance, though not safe guides, are the only guides given and must used. The application this rule the case under consideration leads to the conclusion that the township line was properly re-established by the Chandler survey as claimed the plaintiff. That survey, book report writers in its courses and distances, agrees with the field notes Perrin's original survey, and about two miles and three-quarters in length, while the line contended for the defendants chains and links longer a difference buy dissertation online which too great account for upon the supposition of inaccuracy measurement or error computation in running the original line, and can only reasonably explained upon the assumption that the line surveyed Perrin and that for which the defendants contend are not the same. In addition this, the latter crosses the Mattole river twice, a fact which no mention made in the field notes the original survey. It highly improbable that, if the line actually run Perrin crossed that river twice, such fact would not have been noted him, because in surveying public lands the surveyor required make and return field notes showing ail rivers, creeks, and smaller streams water which the line crosses. Zabriskie's Land Laws.
The next question considered that in relation damages.
The complaint alleges that the defendants eut down a large number oak trees standing upon the land described, and removed cords tan bark therefrom, and converted the same their own use. This allegation sustained the evidence, and the government.
claims that the trespass was willful, and that under the rule announced it was sold. Eut I the opinion that the evidence not sufficient justify the court in finding that the trespass was willful and intentional, within the nieaning this rule.
At the time the alleged trespass there was a difference opinion in the neighborhood as the lines the original survey. The standard corners west of the quarter section corner section were not found, and the government has deemed necessary re-establish admission essay editing service the south boundary the township west that quarter corner, and three surveyors, who were witnesses upon the trial, had before the alleged trespass located the line in accordance with the contention defendants. It true that in doing ail them but one proceeded upon the erroneous theory that the boundary the township could ascertained starting from a well-recognized section corner the township immediately south, and none them thought necessary extend professional assignment writers the Glover line west according the field notes the original survey, which, under the circumstances, was what ought have been donc.
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While they knew the method which was followed these surveyors in making the surveys upon which they rely, there no evidence showing that the defendants knew that such method was erroneous, or that they knew or believed that the true boundary the township was where fixed the Chandler survey. My conclusion therefore that the evidence not sufficient justify the court in finding that the trespass was a willful one, and, as was not, the government only entitled recover the value the bark in place upon the tree that its stumpage value. I regard the testimony English, a witness for the government, as entitled the most weight upon that point, and shall find in accordance therewith. His editing service experience was such that was better qualified that any other witness testify upon the subject, and his estimate was evidently based upon the selling price of bark at the point shipment, the cost hauling, cutting, and peeling, and the allowance a reasonable profit for carrying the business placing upon the market. In the absence direct evidence of the market price paid for bark upon the standing tree, these were ail proper matters for consideration in fixing a reasonable stumpage value. The value fixed him. It follows from what has been said, that the plaintiff entitled to recover the sum, as damages, with interest thereon Where i need help with my research paper rights exist between codefendants in a suit foreclose a mortgage in thesis in writing respect the property involved which are affected the muttors alleged in the bill, and account which one defendant may compelled, best admission essay editing service In order obtain hia full rights, demand affirmative relief against complainant, such as the eancellatlon the mortgage a part the property, Is not confined the allegations his answer, but A cross-bill flled a defendant In a foreclosure suit, setting an executory agreement for the sale and transfer a portion the mortgaged property him his codet'endant, the mortgagor, at a future date, States no grouud which the court can grant him present affirmative Where a mortgage was given secure a prior indebtedness from the mortgagor the mortgagee, who were citizens different help with college papers states, the jurisdiction a federal court a suit foreelose the mortgage not affected the faet that also secured other Indebtedness owing the mortgagor a third person, who was medical thesis writing service a citizen the same state, which had been assigned the mortgagee. Mortgage Secure Future Advancbs Peiority Subsequent Lien To entitle best custom writing website one assert a lien property superior a mortgage thereon made secure future advances the mortgagor, virtue an unrecorded contract made him with the mortgagor subsequent the mortgage, but before advances had been made thereunder, the burden rests him prove notice the mortgagee his contract before the advances were made. Same Foreclosure Attorney's Fees. Where a mortgagee entitled reeover reasonable counsel fees in case foreclosure, entitled an allowance based the actual services required In the suit, although the bill was taken pro confesso as against the mortgagor, and the litigation resulted from the contentions a codefendant, who the only party contesting the allowance.