England v. Vandermark

Citations

• 147 Ill. 76
• 35 N.E. 465

Syllabus

<p>1. Evidence—survey under copy of field notes not properly certified.. On a trial relating to a disputed line, two witnesses were allowed to prove that they made a survey of the line from a copy of the original field notes, not certified by competent authority to be a true copy. The field notes from which they ran the lines were shown, in particulars-affecting the correctness of their survey, to be a copy of the original field notes: Held, that as the copy used was shown to be such, and no-error was shown in such copy, there was no error in permitting the evidence to go to the jury.</p> <p>2. jBoundaby—monuments control courses and distances. In seeking' to find the true lines of lands established by the government survey, monuments, when found, must control, as against courses and distances-as given on the field notes.</p> <p>3. Same—evidence to show lines of original surveys of the public lands. Evidence tending to show that previous surveys had been made, one of them as early as 1843, and another thirty years before the trial, in which the plaintiff disputing the line between his and the defendant’s land participated and acquiesced, and that long before 1863, when the plaintiff had the line surveyed, a stone had been placed at one of the disputed corners, and had always been recognized as the true corner, is proper for the jury in determining where the line, as originally established by the government, was to be found.</p> <p>4. Pbactice in the Supbeme Cotjbt—•what matters to be considered. The ruling of the court in giving, refusing and modifying instructions must be shown by the record to have been excepted to by the party complaining, or the propriety of such ruling can not be considered by this court.</p> <p>5. Pbactice— time of excepting to the giving of instructions. The second clause of section 54 of the Practice act, added in the act of 1872, does not dispense with the necessity for the allowance of exceptions to-the ruling of the court in giving or ref