Pope v. Ivy

Citations

• 117 Miss. 501
• 78 So. 367

Syllabus

<p>1. Boundaries. Proof. Surveys. Presumption.</p> <p>Under Code 1906, chapter 141. (Hemingway’s Code, chapter 176), making the county surveyor a public officer and defining his duties, and section 1963, Code 1906 (Hemingway’s Code, section 1623), making the record of a survey by the county surveyor # prima-facie evidence of the correctness of such survey; where the county surveyor makes a survey in accordance with the statute, such survey will prevail over a survey made by a private survey- or, where the county surveyor is not shown to be incompetent and the private survey is not shown to be correct, or to have been properly made.</p> <p>2. Boundaries. Evidence. Admissibility.</p> <p>In a boundary despute it was error to admit a map and partition proceedings made in the division of an estate, to contradict the testimony of a surveyor, where the evidence showed that in making such map no survey was made and the location of the' land involved was not determined.</p> <p>3. Evidence. Admissibility. Boundaries.</p> <p>In a suit involving the boundaries of land, a lease from plaintiff to defendant was admissible in evidence, since while the lease would not estop the defendant from defending in ejectment after the expiration of the lease, still it was admissible as an admission of the title in the plaintiff at the time of the. lease and should . ’ have gone to the jury, as any other admission against interest by a party to the suit for whatever it was worth.</p> <p>4. Boundaries. Instructions.</p> <p>In a boundary dispute, where surveys by various surveyors were admitted in evidence, it was error to give an instruction which assumed that the corner of one-- survey was the correct corner.</p>