Blackburn v. Nelson

Citations

• 100 Cal. 336
• 34 P. 775
• 1893 Cal. LEXIS 793

Syllabus

<p>Boundary Line—Location of Destroyed Post—Course and Distance From Starting Point.—Where the boundary lines of a tract of land are described in a survey as commencing at a marked post and running thence west a specified distance to a second marked post, thence south another specified distance to the corner of four sections, and there is no dispute either as to the location of the first marked post or the termination of the west line of the tract at the point where the four sections corner, but the second marked post is destroyed, it should be located by running west the specified distance from the first marked post, and not by running north the specified distance from the corner of the four sections mentioned.</p> <p>Id.—Conflict Between Grant Survey and Government Survey.— Where there is a conflict between the surveyed exterior boundaries of a Mexican grant and a subsequent government survey the grant survey must prevail.</p> <p>Id.—Lost Monument—Course and Distances—Monument at Termination of Line.—Where a monument of a survey has been lost, and cannot be located by oral testimony, the location by monument is valueless, and the course and distance given for its original location is necessarily controlling, and if a west line running south from the lost monument cannot have the course and distance given it without shortening the north line, then, as between the two lines the course of the west line must give way, as terminating at a controlling monument.</p>