Leland v. Bourne

<p>1. Boundaries — Evidence—Presumption—Field Notes op Second Survey. The presumption that corners have been established at the places indicated by the field notes relates to the field notes of the controlling survey, and has no application where the question is what was the corner of a lot as established by an original survey, and the field notes in evidence are those of a second survey by another surveyor; but the only presumption as to such field notes is that what is recited in them is prima facie correct. (Page 131.)</p> <p>2. Boundaries — Evidence—Presumption—Field Notes op Second Survey. From the fact that the field notes of a second survey recite that certain monuments were found, one at the intersection of certain streets, and another at a certain corner of a certain lot, a statement by the surveyor making such notes that the monuments are the originals, or that they were placed by an official surveyor, or that they are precisely where they were placed by the original surveyor, cannot be assumed. (Page 132.)</p> <p>3. Boundaries — Evidence—Presumption—Field Notes op Second Survey. Even if from the recital of the field notes of a second survey, that certain monuments were found, one at the intersection of certain streets, and one at a certain corner of a certain lot, an inference may be deduced that the monuments were placed there by some one in authority, and that the field notes of the original survey if found would show that the monuments were where they were placed, tlie inference is weaker than is the presumption founded on field notes of the original survey, and so requires less to overcome it. (Page 133.)</p> <p>4. Appeal and Error — Review—Question op Fact or Law. Where findings are based merely on a presumption of fact, and the presumption is entirely dissipated, they are unsupported by evidence, and the question becomes one of law.1 (Page 134.)</p> <p>5. Boundaries — Evidence—Presumption—Field Notes op Second Survey. Any presumption as to the original location of a boundary, arising from the recital of the field notes of a second survey as to certain monuments being found, held entirely dissipated by the other facts and circumstances in evidence. (Page 134.)</p> <p>6. Appeal and Ekkor — Review—Evidence—Equity Case. A suit to quiet title being an equity case, the judgment of the Supreme Court on the whole evidence may be invoked, and the findings being, in its judgment, clearly against the weight of evidence, it will vacate them and substitute others. (Page 137.)</p>