Harkins v. Nelson

Citations

• 53 Cal. 316

Syllabus

<p>Lands—Boundaby Lines of Township. —The south and west boundary lines of the south half of the southwest quarter of section thirty-one of a “township” surveyed by the United States are coincident with the south and west lines of that township.</p> <p>Same—Evidence of Monument.—Evidence having been given tending to prove the southwest coiner of the township by locating the corner post as fixed by the United States Surveyor, such evidence is not overcome by testimony to the effect that, according to the field notes of a subsequent survey of the section, the post should have been placed elsewhere; nor does such testimony tend to prove that the post was not really the monument of the United States Surveyor, or that the monument had been removed from the point where it had been originally placed by the United States Surveyor.</p> <p>Same—Field Notes of Survey.—The monument placed at the township corner of the survey in the field would control the calls of the field notes of the same survey; a fortiori, it controls the field notes of a subsequent survey of one of the sections.</p>