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

AHS.--We affirm this point. If you
find from the evidence, that the lines
and corners alleged ky the defendants
to be the lines and corners of the Ben.
jamin johnson, were actually made and
returned for that tract.
9th. The calls Of the surveys Of 1924
or OF younger date, or the work found upon
the ground younger than 1898, cannot
affect the location of the block. II must
be located by its own marks in the form in
which il was returned to the Land Office.
Aus.--We affirm this point. The To-
cation Of the Drinkers, Barton and 9th.
or surveys Of 1924 can have no weight
in determining the location Of these
surveys in 1898. You can locate a
younger survey from an older one, but
not an older from n younger.
7th. The warrant Of Casper Haincs
being descriptive, its proper location Is a
question OF fact for the jury, and II they
believe the Beaver Dam, the beech and
the line Of marked trees, running south
j0' west, called for By the warrant to 6e
on the ground, aa claimed By the defend
ants, 1t il yo1ecrfH criience taken in con-
nection with the lines Of 1873, on the
ground south Of the plaintiffs location, 10
sustain the position claimed by the defend
ants.
Au.-We decline to affirm this point.
The location OF a descriptive warrant
is q question Of fact for the Jury but
wien the return of survey shows that
the calls Of the warrant were not an.
swered, these calls are Of little conse.
quence in determining the location Of
the survey.
sth. Before the jury can find ,ha, the
lines and corners OF 1898, on the ground
south Of the plaintiffs location, were Aban-
doned by tho surveyor who laid the war
rants, they must be satisfied either that he
obliterRted the marks, or made new marks
corresponding with hts return.
iW.-We affirm this point.
9th. lfthe jury believe the testimony of
the defendants witnesses, that the hemlock
sspling, the locust, the hemlock the hick.
Org, the birch and the maple on the one
line-thc white oak, the double sugar, the
hemlock, the pine and the hemlock, on the
other line, and the maple and pine on the
western end Of the Benjamin johnson as
defendants lay IL, were on the ground
marked as corners, dating 10 l793, with lines
to and from them Of the same date CORES
ponding with the IL tracts, these corners
and lines constitute the survey, control
the call of Casper Haincs for the white
oak and surveys Of 1884, and the verdict
must be- for the defendants.
ins.-We affirm this point.
10th. In determining the location Of the
block Of 10 surveys the jury is TO be guided
by the following rules
First-The artificial marks on the
ground constitute the survey and are the
highest proofs Of location.
Affirmed.
Sseond.-The next most important evil
dence Of location Is natural objects, espe-
cially streams Of wate-.
Ans.-Aftirmed.
Third. In the absence Of both of them,
and them only, adjoining surveys called for
are to bc resorted 10.
AB.-Aflirmed.
th.-The location may be detcrmin.
cd by fixing any one Of the blocks, whether
the leading survey or another, by the
marks on the ground, and then laying the
rest In their order as returned into the
land office.
dns.-This would be true, if lines and
corners were found for only one tract
in' the block. But if other lines and
NtthttH htb btttUElIE w NIt
block Of surveys, they must all be con.
sidered in determining where the block
was located.
llth. The undisputed testimony Of the
surveyors Of both PLAINTIFF and defendants
establishes the fact that the lines on the
ground, blocking back 70 1898 and CORES
ponding with the l3 surveys, interlock
with the older surveys Of Philips, and
therefore no vacancy exists upon which
the plaintiffs could lay their warrants.
Unless the jury is clearly satisfied that
these lines and corners, on the ground,
were obliterated or abandoned by the sur.
veyor who made the return, of which
the interference, and the location Of Junior
surveys are not sufficient evidence.
Aw.-We affirm this point. If the
Jury find the facts as therein stated.
18th. II the jury believe that the maple
at tho southeast corner Of the Bickham in
defendants location, the hemIock AZ the
southwest corner thereof, the pine com-
mon TO Biokham, Wharton, Howell and
Shelf In that location, the birch common
20 Howell and Bickham, and the maple,
pine and hemlock Of the Benjamin johnson
we're made In 1893 and returned as corners