Martz v. Williams

Citations

• 67 Ill. 306

Syllabus

<p>1. Boundary, disputed or lost—no power to establish new corners and lines. The act of March 25,1869', entitled “An act to provide for the permanent survey of lands,” confers no power on the commissioners appointed under its provisions to establish new corners or run new boundary lines, but simply to re-establish those once established by the United States, and by which they sold the same to the several purchasers.</p> <p>2. The duty of such commissioners, when appointed, is to re-establish lost corners and boundaries; to make them in the same places and .at the same distances as they had been originally established by the government surveyors. In so doing, the returns and original field notes returned by the government surveyors should be their main guide, and they should also be guided by corners in the same township, recognized as the original government corners. Such corners must control both courses and distances.</p> <p>3. In re-establishing lost corners and boundary lines, under the statute, the commissioners can not disregard recognized government corners yet standing in the same township, and as section lines are frequently deflected; the true corners must be tested by east and west distances from them as well as by north and south distances, as*given in the original field notes.</p> <p>4. Same—dividing overplus of distance. Where the distance between recognized government corners as originally established overruns that given in the field notes of the government survey, it should be divided pro rata between the intervening sections, and any deficiency should be apportioned in the same manner.</p>