Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-10-23

boundary, flowing out of the Casper
Haines into the Matlock. Yet, il you
take the separate official of the Casper
Haines, no water at all, is called for, as
being upon it. The four tracts sur.
rounding the William Shelf, each call
for water flowing into or out of the
Shelf, and yet the separate official OF
the Shelf shows no streams at all. This
shows the carelessness with which the
waters are called for or represented
upon these surveys. The Jacob Cox and
and Henry Shatfer, the two northern
tracts of this block, have streams rep.
resented crossing their northern lines,
and flowing northward. The plaintiffs
contend that by adopting their loca-
ton these calls for streams will be an.
swered that streams are there upon
the ground flowing northward into
Cleartield creek. But if the defendants
location be adopted, in order to have
streams flowing northward out of the
Cox and Shaffer, they would have to
flow over a high hill. If the northern
line of these two tracts was run on the
ground by the surveyor, who made the
return, these calls for streams flowing
northward would be important. But If
this line was merely plotted, and not
run upon the ground, the calls for these
streams should have but little weight in
determining the location of the surveys.
Whether the northern or southern loca.
tion be adopted, no surveyor has found
the northern line Of the block upon the
ground. The fact that the Jacob Cox
calls for post at its northeastern cor.
ner, would indicate that this line bad
not been run upon the ground. If it
was not run, the calls for waters cross
ing it, are not important or significant.
Gentlemen of the jIry, we do not
propose to go over the evidence bearing
upon this question OF location in detail.
You have heard il fully discussed by
able counsel on both sides. From this
evidence you must determine where
this block of surveys was located in
1893. If it was located where the de.
PENDANTS contend it was. the land in
dispute was not vacant in 1859, the
plaintiffs have no title and your verdict
should be for the defendants. II, how.
ever, you find from the evidence. from
the lines and corners found upon the
ground, that this block of surveys was
located two tracts further north. then
ed by the George Bickham and Jacob
II. Howell tracts, but would remain va
cant, and be liable to be taken up by
the plaintiffs in 1859, and your verdict
in that case, should be for the plaintiffs
for the undivided 4-6 part of the land
described In the writ.
These are all the general instructions
we desire to give you. The defendants
counsel have submitted certain points
in writing which we will now read aud
answer.
DETENDASTs' POINTS.
The court is respectfully requested to in
struct the jury A. follows;
lst. The actual possession Of the Howell
and Bickham surveys for which the de-
PENDANTS have taken special defence, hav-
ing been proved to be In the defendants
testator when the warrants we're laid, the
plaintiffs cannot recover, because the deed
under which they claim recites that Samuel
@. Smith died testate and there is no legal
evidence produced to show In whom his
title was vested.
Ans.-As we have already stated in
our general charge, for the purposes of
this suit, we negative this point; but
IVottFO hhC INNohiVh iVi
consideration.
2nd. The marks on the ground, dating
TO 1893, corresponding with the 10 surveys,
constitute the true survey and control all
calls for older surveys or other fixed bOun-
diaries.
hns.-We affirm this point.
3D.. The body of 13 surveys are 10 be To-
Gated as a block, by the marks Of 1893
found upon the ground a. returned to the
land Office and the body cannot be distort-
ed in shape or dislocated, nor can one of
its tracts be located upon another thercof.
Ans.-We affirm this point.
4th. The marks upon the ground for
each Of the tracts are marks for the whole
Of the body. Each OF them are to be taken
In consideration In locating the block, and
that location Is 10 be made which will an
swer most Of the marks found upon the en-.
tire block.
Ans.-We affirm this point.
9Th. The Benjamin johnson is 10 be
located as an outlying tract of the block,
and the lines aud corners found upon the
ground In the position claimed by the de-
PENDANTS cannot be abandoned, nor can the
rest Of the block be removed from II. The