Close v. Huntington

Citations

• 66 Kan. 354
• 71 P. 812
• 1903 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Survey — Irregularities — Method of Redress. One who has instituted proceedings under the statute to locate the corners and boundary lines of land, and who is present when the surveyor does so, cannot maintain an independent action to set aside the report of the surveyor locating such corners and lines, because notice of such proceedings was not given to all parties interested, or for a sufficient length of time; or because the surveyor in determining the questions heard hearsay, illegal and immaterial evidence; or because the surveyor made an error by which the plaintiff unjustly lost land; or because the surveyor’s report of such survey was not filed within the time prescribed by law. These matters are each and all but irregularities, not rendering the survey void, and to cure them an appeal must be taken.</p> <p>2. -Failure to Appeal. Nor can such party be relieved in such case by an independent action because he has, by inadvertence and mistake, failed to perfect his appeal within the time allowed by statute.</p>