Irvin v. Rotramel

Citations

• 68 Ill. 11

Syllabus

<p>1. Surveys—duty of commission of surveyors. The object and purpose of the act of March 25, 1869, entitled “An act to provide for the permanent survey of lands,” not being to establish new lines and corners, but to ascertain the old ones, it is the duty of the surveyors appointed under that act to ascertain the lines and corners in dispute asnearas possible according to the government survey as actually made, without regard to any mistake they think was made in the original survey. Some known government corner should be ascertained, and the monuments, courses and distances regarded.</p> <p>2. The commissioners should not start from a disputed corner in establishing the line between the east and west half of a quarter section which is also in dispute. They should first establish the exterior lines and corners of the section according to the government surveys and field notes, and this can only be done by referring to original government corners or other monuments which have been in existence over twenty years, and recognized as original government corners by the adjoining proprietors. Prom the lines and corners of the section, by dividing the distance according to the government field notes, the interior corners and lines can be readily established.</p> <p>3. Same—-parties. Where, in establishing a disputed line in a quarter section, other parties than the petitioner and defendant are interested, it is recommended that such persons be made parties to the proceeding.</p>