Anderson v. Harlan

Citations

• 106 Kan. 222
• 187 P. 677
• 1920 Kan. LEXIS 490

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Survey op Land — Government Corners Control. In making a survey of land, the fact that a county surveyor follows the theory that he is bound by a previous survey of the same land becomes immaterial, if the corners thus located are the government corners.</p> <p>2. Same — Trial to Court — Bequest for Special Findings of Fact. At the opening of the trial of an appeal from a report of a surveyor on a survey of land made by him, counsel requested the court to make special findings of fact and conclusions of law, and at the conclusion of the introduction of evidence repeated the request. On each request the court asked c'ounsel to submit such findings as they desired made, hut none were submitted. When the last request was made, the court announced that it would make a general finding approving the survey; but a finding was made on the controlling controverted question of fact, and judgment was rendered accordingly. It does not appear that any pleadings were filed. Held, that it was not prejudicial error to refuse to make further findings of fact.</p>