Gemienhardt v. Ward

Citations

• 101 Kan. 250
• 167 P. 1141
• 1917 Kan. LEXIS 65

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Official Survey — Accuracy Assailed — Burden of Proof. In a proceeding to review an official survey the burden of proof should be imposed on the party who assails the survey; but when the rival parties have had ample opportunity to present all their evidence, the fact that the trial court imposed that burden on the party seeking to uphold the survey is not prejudicial error.</p> <p>2. Official Survey — Boundary Lines — Acquiescence of Landowners. The rule of real-property law relating to the determination of boundary lines through long recognition and acquiescence of adjacent landowners does not control in determining the accuracy of an official survey.</p> <p>3. Official Survey — Established Corners — Duty of Surveyor. In making an official survey it is not proper to locate corners and lines dependent thereon by parol evidence, long recognition and -acquiescence of adjacent landowners and the like, when there are established corners in the vicinity from which, with the aid of the government field notes, the proper location can be accurately determined by mathematical measurements as provided by statute.</p>