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

| they adJoln.
If younger block Of surveys calls for
an older block. and no lines or corners
can be found, made for the younger
| block, the proper mode of determining
the location of such younger block IL to
locate the older. and then locate the
younger adjoining it, according To it's
calls. II more than ono older tract or
! block j. called for, and the younger
cannot bo located so as 10 answer all of
its calls, that location must be selected
for the younger which will answer most
| of ITS calls, and at the same time best
/ preserve the general confguration Of
! tho block
| II, however, the lines and corners Of
| the younger block can be found upon
! the ground, these must control the loca.
! ton Of the block, even ii by 80 doing
! you have to entirely disregard its calls
| for older tracks or blocks Whenever
there il discrepancy between the lines
/ run and marked upon the ground and
/ the calls for older surveys or natural
monuments, the latter must always give
! way and the lines and corners them.
| selves must govern the location. This
rule il equally applicable TO individual
/ surveys, and 10 blocks Of surveys. and
| it is the duty Of every jury in deter.
mining the location of surveys TO re.
member, and apply il.
The calls in survey for waters. such
as springs, ponds and streams, must be
considered by the jury in determining
/ the location Of the survey. Tho value
OF this evidence, however, depends upon
circumstances. II the surveyor was not
/ upon the ground, but plotted the sur.
/ vcy in his Office, he could have little
accurate knowledge Of the location Of
waters, and his call for them would be
[ but slight evidence OF their existence.
( If, however. the lines Of the survey
were run upon the ground, and crossed
streams of considerable size. we would
expect such streams 10 be noted upon
the return Of survey with reasonable &C.
curacy. The course Of streams through
the interior OF trnct4, are seldom found
accurately laid down, for the reason that
the surveyor did not meandcr them,
and could not, therefore, accurately
give their different courses. Where
some OF the lines OF a survey were
run upon the ground, and others not,
waters purportlng TO cross the lines not
run are seldom found TO be as accurate
as those crossing the lines which were
run. Where lines were not run upon
the ground, the SURVEYORS sometimes
placed imaginary streams without any
knowledge. whether similar ones actual.
ly existed or not. Even where lines
were actually run upon the ground,
crossing streams, and we find those
streams accurately designated upon the
tracts on one side OF the line, we fre.
gucnty find no streams at all upon the
opposite side Of the line although the
stream which runs out OF the one tract
across the line, must necessarily run
into the other.
What are the facts Of this case. TO
which these principles and rules are ap.
plicablc? The defendants have shown
title TO four tracts of land in the war.
rantee names of George Bck ham, Jacob
X. Howell. William Johnston and Philp
Loast. These warrants are all dated
May lG, 1893. Nine other warrants
were issued at the same time. and the
thirteen constituted batch of warrants
Of which the Casper Haines was the frat
or leading one. Surveys were made
upon these thirteen warrants on the
llth and 18th days Of July of the same
year these surveys were all returned
together in 1924. In l7gG-'g7 patents
were issued for all OF these tracts TO
Richard Peters. These thirteen tracts,
therefore, constitute a block Of SURVEYS,
which l. generally called the Morgan.
Rawlc and Peters surveys. These thir-
teen tracts having been surveyed and
returned az n block must be located
upon the ground A. a block. No one
tract, whether the Casper lIaincs or the
BenIatr in Johnston. can he arbitrarily
located. disregarding the lines and cor.
ners found upon other parts of the
block. All the lines and corners mark.
ed upon tho ground and returned. must
be considered in asccrtaining the prop.
or location Of the block. II sufficient
lines and corners can be found they de.
termine the location Of the entire block
without regard 10 its calls for adioiners
or for waters. If such calls conflict with
the lines actually run aud returned.
The question is not what the deputy
surveyor who located these warrants
ought TO have done. but what did he
actually dol OF course he ought to
have so located these warrants as not
to interfere with older surveys already
made; but did he do iti Wherever he
run and returned the lines of these
surveys, whether entirely upon vacant
land, or partly upon vacant land and
partly upon older surveys, there they
must remain for ever. II they interfcr.
ed with older surveys when they were
located and returned, they must re.
main there, although the result would
be that the owner OF these warrants
would get no title 10 that portion of the
land covered by the older surveys.
All of the lines Of this block OF sur.
veys as returned into the Land Office.
are due north and south, and east and
west, except one--the south eastern
line Of the Casper Hsines. which runs
y. AZ F., and $. AZ w. Twelve of the
thirteen tracts are rectangular, being
30 rods long from east 10 west. and go
wide from north to south. The other
tract, the Casper Haines, has FIVE lines.