Thayer v. Spokane County

Citations

• 36 Wash. 63
• 78 P. 200
• 1904 Wash. LEXIS 515

Syllabus

<p>Boundaries — Government Surveys — Monuments—Field Notes —Location oe Corner. Upon a dispute as to the true location of a section corner tbe actual location of the government monument controls the field notes, in case of discrepancy, if shown by clear and convincing proof.</p> <p>Same- — Evidence of Location — Sufficiency. Where three surveyors locate one of the witness trees and identify the location of a section corner, one of them finding the stake set in 1883, the evidence is sufficiently clear and convincing to sustain the finding of the trial court, who heard and saw all the witnesses, that such was the true location, although there was testimony of the adverse party and others not surveyors to the effect that such location did not coincide with the field notes, and that they found the true stake at the proper location, especially in view of acquiescence in the location found, mutilation of the witness tree, admissions, and other corroborating circumstances.</p> <p>New Trial — Newly Discovered Evidence — Diligence. A new trial on the ground of newly discovered evidence is properly denied where the affidavits fail to show diligence to obtain the suggested evidence, and which is cumulative or of a disputed character.</p>