Public Land Laws and Legal Decisions, Relating to Public Lands and Private Land Grants (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1878. Not illustrated. Excerpt: ... United States, is described by course and distance, terminating at a post, and neither any marks indicating such boundary, nor any post indicating its termination, are to be found on the land, parol evidence that a line found marked upon the trees upon the land, but variant from the call of the patent, and not indicated by the monument called for in the patent, was the actual line surveyed, run and marked as such boundary by the Government Surveyor, will not be admitted to alter or vary the boundary, as described by course and distance in the patent. Bruckner v. Lawrence. 1 Doug. (Mich ) 19. 348. In the construction of grants, both course and distance must give way to natural or artificial monuments or objects; and courses must be varied, and distances lengthened or shortened so as to conform to the natural or ascertained objects or bounds called for in the grant, but where there is nothing in the conveyance to control the call for course and distance, the land must be run according to the course and distance given in the description of the premises. Ibid. 349. If a division line between adjoining lots of land is agreed upon by the owners, and is so designated as to be clear and distinct, and is acquiesced in by the respective owners of the lots for more than fifteen years, they will be held bound by such line. Ackley v. Buck. 18 Vt. 395 350. A parol ageement respecting a boundary, made while a party is an occupant without title, cannot be binding upon him after he acquires the fee. Crowell v. Maughs. 2 Gilman, (Ills.) 419. 351. When a question of boundary arises, the plaintiff may give in evidence recovery in ejectment, twenty-five years before, by one under whom the plaintiff claims, and an abandonment thereupon by the defendant. Gilchrist v. McLaughl...