In re the Appeal of Martin

Citations

• 86 Kan. 336
• 120 P. 545
• 1912 Kan. LEXIS 289

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. County Surveyor — Duties—Boundaries—Statutory Rules. It is the duty of a county surveyor, notified under the statute (Gen. Stat. 1909, §2272) to survey land and establish its corners and boundaries, to proceed according to the statutory rules; and the record of a previous survey, on file in his office and apparently Binding on the parties in interest because not appealed from, is merely evidence to be considered in determining where corners were established by the government.</p> <p>2. -Resurvey — Appeal—Waiver—Estoppel. The conclusive effect of a resurvey not appealed from (Gen. Stat. 1909, § 2275) may be waived. A resurvey procured according to the statute by one of the interested parties amounts to such a waiver on his part, and should an appeal be taken from the resurvey on the ground that the statutory rules were not observed in making it he will not be heard to say that the former survey, with which the resurvey coincides, is conclusive.</p>