Schraeder Mining & Manufacturing Co. v. Packer

Citations

• 129 U.S. 688
• 9 S. Ct. 385
• 32 L. Ed. 760
• 1889 U.S. LEXIS 1720

Syllabus

<p>In Pennsylvania, after a survey of a tract of- public land, whether a chamber, survey or an. actual one, has been. returned more than-twenty-one years, the presumption that it was. actually and legally made is conclusive, and cannot be controverted by a party claiming, under a junior survey.</p> <p>Clement v. Packer, 125 U. S. 309, explained and distinguished.</p> <p>A consent' by coterminous proprietors of real estate to mark a boundary line supposed to run according ' to the marking between undisputed tracts, given by both in ignorance of the real facts and of the existence of á conflict, does not estop either from claiming his rights when the ' mistake is discovered; nor can it be-construed as a license from the one party to the other, to cut timber on the disputed tract up to the' mistaken boundary line.</p> <p>A petition for removal «of a cause from a state court to a Circuit Court of the United States, on the ground of diversity of citizenship, filed after a judgment therein has been reversed by the Supreme Court of the State, and the remand of the case for a new trial, is in time. ’</p> <p>The plaintiff below was entitled to recover for the cutting and carrying • away up to the time that he sold.</p>