Arneson v. Spawn

Citations

• 2 S.D. 269
• 49 N.W. 1066
• 1891 S.D. LEXIS 28

Syllabus

<p>1. Where the question is as to the true location of a government corner, and whether a certain mound, pits, and staled, testified to by witnesses, were the original marks of such corner, it is not error to admit evidence to show that such marks were years before, when they very plain and distinct, generally regarded and recognized as indicating the original government corner; and to that end it may be shown that permanent improvements, as lines of trees, roads, buildings, public and private, were, when such indications were plain and visible, located with reference thereto as the true government corner, by persons who had no other interest than to locate them correctly.</p> <p>2. Where a written document or paper is offered in evidence, and its exclusion assigned as error, such rejected writing should be printed in the abstract, or its contents, or the facts upon which its competency depends, so particularly described as to fully inform this court of all the material facts upon which the trial court made its ruling. Otherwise no error is shown, and the ruling of the court below will be presumed to be correct.</p> <p>8. It is not error for the trial court to withhold from the jury confessedly good law, when the same is not applicable to the questions before the jury on the evidence in the case.</p> <p>4. The survey of the county surveyor, which under Section 689 et seq., Comp. Laws, carries the presumption of correctness, is the survey made, authenticated, and recorded as therein provided. Parol evidence of the acts of such surveyor does not take, the place of his official report, nor support the same presumption.</p> <p>5. If the original corners, as established by the government surveyors, can be found, or the places where they were Originally so established can be definitely so determined, such location must control, without regard to whether they were located with mathematical correctness or not.</p> <p>6. In determining whether the landlord or tenant, or both