Hubbard v. Dusy

Citations

• 80 Cal. 281
• 22 P. 214
• 1889 Cal. LEXIS 904

Syllabus

<p>Boundary — Township Line — United States Survey — Monuments — Field-notes. — Monuments fixed by a United States surveyor upon the boundary line between two townships at the time of the original survey will control the field-notes of the survey taken at the time the monuments were erected, and will control the field-notes or courses and distances of any subsequent survey. Such monuments, if identified by the proof, are the best evidence of where the line should be. As between different lines of monuments, those best identified by the evidence should prevail; but in the absence of monuments, the field-notes of the survey would govern and determine the true line; and if two lines of monuments or supposed monuments are so located as to render it doubtful which is the true line, then, other things being equal, the line of monuments most nearly conforming to the field-notes should prevail.</p>