Koepsel v. Allen

Citations

• 68 Tex. 446
• 4 S.W. 856
• 1887 Tex. LEXIS 714

Syllabus

<p>1. Survey—Mistake.—Though in ascertaining the true location of a corner of a survey, a call for a natural object is of the highest dignity, to which other conflicting calls must yield, yet such a call is only invested with superior dignity because of its greater certainty; since the surveyor is more likely to have been mistaken in his calls for course, distance and quantity than in a call for a fixed natural object. It does not follow, however, that a call for a natural object must, if the object be found, fix it absolutely as one of the bounds of the survey, since the surveyor may have committed a mistake in calling even for the natural object; to show such mistake evidence is admissible. See opinion for facts illustrating the rule.</p>