Stangair v. Roads

Citations

• 41 Wash. 583
• 1906 Wash. LEXIS 1013

Syllabus

<p>Boundaries — Establishment—Evidence. The monuments established by the official surveys control the field notes and other proof of the location of a government corner, hut in the absence of other evidence the field notes control.</p> <p>Same — Evidence—Field Notes. Where a government corner is lost, and the surveyor who established the corner fifty years ago is unable to explain the many material discrepancies between his own field notes and those returned to his superior officer, the certified copy of the field notes recorded in the surveyor general’s office should have greater weight and will not he overturned by evidence of the field notes of the surveyor.</p> <p>Same — Appoinment oe Commissioners — Discretion. The appointment of commissioners under Bal. Code, § 5668, to establish a disputed boundary, rests in the discretion of the trial court, and is not subject to review on appeal.</p> <p>Same — Evidence—Declarations—Competency. In an action to establish a disputed boundary, declarations of the appellant’s deceased father are inadmissible.</p>