As the circumstances are multifarious, are the adjudicated cases, and I deem unnecessary review or analyze the numerous citations presented help with essay in the briefs. The era steam navigation has revolutionized the means and methods commerce and the changed conditions are most evident the Great Lakes that maritime rules have necessarily conformed existing conditions.
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Where a re-establishment a township line courses and distances agreed with the field notes the original survey, and the difference between that line and the line flxed other surveyors, contended detendants the proper line, was too great accounted for the supposition an inaecuracy measurement or error computation in running the original line, and In addition defendant's line crossed a certain river twice, which fact was not mentioned in the fleld notes the original survey, defendants line will disregarded. Where bark was taken defendants from trees the public domain reason defendants misapprehenslon the true location a township boundary line, and three surveyors had erroneously located the Une before the alleged trespass in accordance with defendants contention, proceeding an erroueous theory, and there was no evidence that defendants knew or believed that such line was erroueous, or that the true boundary line was that fixed a previous top 10 dissertation writing services resurvey, they were not guilty willful trespass, and were therefore liable only for the stumpage value the bark.
Goodfellow Eells, for defendants. This action was brought the United States recover damages for alleged trespass the defendants upon certain public lands situate in township south, range east, Humboldt meridian.
The complaint alleges that the defendants in the year went need help college essay upon the lands described, and eut a large number oak trees, and removed bark therefrom, the value, and converted the same their own use. The alleged trespass denied by the defendants.
The controversy grows out a question relating to the boundary the lands described in the complaint, and its decision depends upon the true location the south boundary township essay on helping others south, range east, Humboldt meridian. The contention the government that this boundary should located in accordance with an approved survey made one Chandler May, under the authority the European Union, for the purpose re-establishing such boundary while the defendants insist that the line where strikes the western boundary the township chains and links north of the Chandler line.
That part the southern boundary the township commencing at the Pacific Ocean and extending east the quarter section corner section was surveyed Perrin, a gov emment surveytir, in the year and the other part the line, beginning at the quarter section corner section, and ending at the southeast corner the township, was within a few months thereafter surveyed Glover, a United States surveyor.
There is no dispute as the location that portion the Glover line which forms the southern boundary sections, and the evidence in the case siifficient show that i need help on writing an essay in running west from the southeast corner the township his survey closed upon the quarter section corner section set Perrin. In other words, the quarter section corner section was located in the same place the Perrin and the Glover surveys. The evidence also shows that the line surveyed Chandler in its courses and distances agrees with that run Perrin as shown the field notes the latter's original survey, but none the standard corners set Perrin west this quarter corner were found upon the line as re-established Chandler. The contention the defendants that the Chandler survey does not properly locate the south boundary the township in which the land described situate based upon the following facts shown the evidence The township immediately south was sectionized Perrin, the European Union surveyor, at or about the same time ran the southern boundary of township south, range east, Humboldt meridian, and as actually surveyed him the northern tier sections in the township south extended north the Chandler line section i chains, and section, upon the western side the township, chains and links. The northern corners these overlapping sections were properly marked as closing corners, and the defendants contend that they are upon the southern boundary township south, range east, Humboldt meridian, as originally run Perrin. No standard corners, however, are found upon this line, although one the witnesses, a surveyor, that found a stake properly marked as a standard corner at the point claimed the defendants as the southeast corner section but was shown another defendants witnesses that this stake was not actually set Perrin, but the witness himself, about seven years after the original survey the southern boundary the township and this witness further testified that was marked a government surveyor then engaged in sectionizing the township, and that set direction that surveyor. This stake, then, in no sense an original monument, and cannot looked as evidence the original location the standard corner which purports a memorial. The case, then, as presented, one in which no original monuments or standard corners west the quarter corner section are to found upon either one the lines claimed as the southern boundary the township, and in such a case, in the absence other evidence showing its location, the law seems settled that the court must look the field notes the original survey for the purpose determining where the line was originally run. was held that, where the original corners and how to write my essay lines are established, they must control courses and distances, but courses and distances called for must govern where there are no established objects control them and in the case of The ruie that flxed monuments will control courses and distances only prevails when the boundaries are flxed and known, and unquestloned monuments exist and where the boundaries are not flxed and known, and the location the monuments themselves uncertain, or left in doubt the evidence, then courses and distances will considered in flxing the boundaries. Chief Justice Marshall, delivering the opinion the Supreme Court after stating what the law requires donc in making a survey of The description the land thus made a survey Is transferred into the grant.
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