Noble v. Chrisman

Citations

• 88 Ill. 186

Syllabus

<p>Boundaries—finding corners where monuments are lost. Where the original monuments of the corners of sections in the government surveys are lost, or can not be found, and no other means of locating them can be had, the plan of pro rating along the range or other line may be resorted to, as the fairest approximation of the corners, though by no means certain; but the indications from such a process, in a case like this, are far less reliable than the circumstantial evidence found in tracing the field note course from a known section corner east or west to a point where that course intersects the range line.</p> <p>2. Same—result of former suit between others not to be considered. In a suit involving the original location of the north line of a section, where two corners are claimed- as the original corner of the section, and the jury are incidentally informed by the witnesses of a prior suit between different parties, in which such line had been brought in question, and that it had been decided in such manner the surveyors thought it was settled that one 1' the corners claimed was the government corner for one township, and the other corner for the township next west, the court should, if asked, instruct the jury not to take into consideration the result of any former suit in regard to the north line of such section, and that the verdict in such case has nothing to do with the issues before them.</p> <p>3. Same—declarations of persons acquainted as to original corners, as evidence. The declarations of persons who have since died, but who had peculiarly good means of knowledge on the subject, made when they had no interest in misrepresenting the truth, on questions of land marks and boundaries, or as to the place of a government corner, are admissible as evidence on the question. Such declarations, made by a person owning a tract affected by the question before any improvements were put upon the adjoining lands, are admissible, it not being material to his interest