Burdell v. Taylor

Citations

• 89 Cal. 613
• 26 P. 1094
• 1891 Cal. LEXIS 866

Syllabus

<p>Survey os Swamp-land — Record — Interlineation—Evidence. — The record o£ the survey of swamp-land patented by the state is not rendered inadmissible in evidence because of an interlineation, where the maker and recorder of the survey testified that the interlineation was made before its execution by him.</p> <p>Id.—Evidence of Successor of County Surveyor—Handwriting of. Predecessor. — The evidence of the successor of the county surveyor who made and recorded the survey, that an interlineation therein was in the handwriting of his predecessor, is admissible and proper, where it is shown that the successor, as county surveyor, had charge of the official documents of that office, and had frequently examined numerous docu. ments therein, purporting to he in the handwriting of his predecessor and which the latter had testified were in his handwriting.</p> <p>Ejectment — Conflict of Surveys — Uncertain Survey — Evidence as to Location of Line —Error without Prejudice. —In an action of ejectment, where there is a conflict of surveys of the land in controversy, -it is not prejudicial error to refuse to allow the defendant to answer a question as to whether, in running his line of survey, it fell north or south of a certain wharf, where it appeared that he was not possessed of any knowledge where the true line ran.</p>