Dowdle v. Cornue

Citations

• 9 S.D. 126
• 68 N.W. 194
• 1896 S.D. LEXIS 119

Syllabus

<p>1. Where a section line is in controversy, the line as indicated by the government mounds established by the government surveyor must prevail, when the points at which the mounds were placed have been ascertained.</p> <p>2. The question as to whore the mounds made by the government surveyor at the time of the original survey were in fact placed is one of fact, and a finding thereon will not be disturbed unless there is a clear preponderance of the evidence against it.</p> <p>3. Where a section line road has been established along a controverted line, but substantially on the section line; it follows and is located on the true section line, whenever that is finally determined.</p> <p>4. Questions which were not presented to and decided by the trial court cannot be presented for review on appeal.</p> <p>5. Assignment of errors not discussed in appellant’s brief will not be considered.</p>