Faucher v. Tutewiller

Citations

• 76 Ill. 194

Syllabus

<p>1. Survey—disputed lines—construction of order for. Where the court, on a petition for the appointment of a commission of surveyors, found that there was a dispute as to a part of a section line, and appointed surveyors, and ordered them to “establish” the line in dispute: Held, that this did not authorize the surveyors to establish the line arbitrarily, without regard to the line of the government survey, but they were to find and establish the line as run by the government.</p> <p>2. Where the court ordering such survey described the disputed line, which was a section line, as commencing at a certain corner of a quarter and ending at a corner of another quarter section of land, it was held, that this did not fix the line for the surveyors, as they were to find where such corners were. Under such order the surveyors were at liberty to survey whatever lines might be necessary, in order to find and establish the true line of the one in dispute.</p> <p>3. Same—judgment for costs. Where the proceeding for settling a disputed line was commenced against three defendants, and the court found that one of the defendants was not interested in the line, it was proper to enter judgment for costs against those of the parties who were interested.</p>