In re Nelson

Citations

• 88 Kan. 219
• 128 P. 376
• 1912 Kan. LEXIS 42

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Houndaries — Former Surveys — Lost Comers—Acquiescence— Parol Evidence. At the request of a landowner a survey was made of a certain section, starting from an established corner of the section, surveying to and adopting two other section comers established and marked by previous surveys made respectively thirty and twenty-three years before, when many government markings of corners, since obliterated, were in place. The former surveys were not made and recorded under the statute and are not conclusive. The landowners affected, including the appellant, who assisted in the last of these former surveys, had long acquiesced in the boundaries established thereby. It is held that the markings of missing corners made in such former surveys should be considered as evidence tending to show where the original monuments had been located in making the government survey, and that parol evidence of these former surveys, and of the location and markings of corners, is admissible.</p>