Morrison v. Seaman

Citations

• 183 Pa. 74
• 38 A. 710
• 1897 Pa. LEXIS 716

Syllabus

<p>Land law — Warrants\\ and surveys — Location—Galls—Courses and distances — Blocks.</p> <p>In the absence of monuments of the original surveys, calls for adjoiners, courses and distances and the legal presumption that the surveys were made as they were returned into the land office are to be resorted to in order to locate the line of any given survey. In the case of interior members of a block the rule is that marks made by the surveyor for any tract in the block are evidence for the purpose of fixing the lines of any other tract in the same block. But where lines are run and marks made by the survey or for a particular tract sufficient to fix its place on the ground, the rules applicable to the location of individual warrants are to be followed, and those applicable to the interior tracts of a block have no application.</p> <p>If many of the tracts inclosed by exterior lines are without marks upon their own lines made for them, still if one or more of such tracts has original marks of an earlier date on it's lines, which were adopted by the surveyor for the location of the tract in question, such adopted work will control the location of the tract in the same manner as if the marks had been made by the surveyor instead of being adopted by him.</p> <p>Where a number of surveys were made by the same surveyor at about the same time, and the surveys, while not constituting a block in the legal sense of the word, show definite and ascertainable monuments of the original survey made or adopted for each of the tracts, the court, in ascertaining the,division between two of the tracts, must retrace the footsteps of the surveyor from day to day as nearly as the marks he has left behind him will permit.</p> <p>Warrants — Surveys—Original lines — Excess of distance — Deflection of lines.</p> <p>In locating the north and south line between two tracts where the western tract has an established monument at its northwest corner, and the eastern lias an established monument at it