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

block of surveys were found upon the
! ground the entire block could be well
located from these eighty four surveys.
| These older surveys are well located
upon the ground, and the SURVEYORS
upon both sides admit that their loca-
tion is not n matter Of dispute. Begin.
| ming with the northern corner OF the
John Anderson, which II "A white oak
and well known and indisputable
corner Of 1884, and which is called for
in the return of the Casper IIaineS, the
latter tract would be well located along
the old line OF 'S4. running s. AZ w,
| from the Anderson white oak. The
Casper liaines being thus located along
the surveys of -, the Joseph Matlock
would 90 directly north Of the Casper
liaines, the Robert Hiltzheimcr north
Of the Matlock, and the Jacob Cox
north Of the lliltzheimer. This would
complete the eastern tier Of tracts ac.
cording 10 the official connection. The
Henry Shaiirr should then be located
| directly ~est &C the Cox, the Phihp
Loast south Of the Shaiier and west of
| the Hiltzheimer, the William Johnston
south of the Loast and west OF the Mat.
lock, the Jacob X. Howell south Of the
! VIM. Johnston and west Of the Haines.
and the George Bickham south Of the
| Howell. This would complete the sec.
| ond tier of five tracts Then the Thos.
/ L. Wharton should be located directly
west Of the George Bickham, the vii.
liam Shelf north Of the Wharton and
wcht OF the Howell the Israel Whelin
/ north of the Shelf and west Of the
I William Johnston. This would com.
| plete the third tier of three tracts.
/ The remaining or thirteenth tract, the
/ Bcnlafnin Johnston, should then bc 10.
lated directly west Of the William Shelf
! This would locate the entire block.
/ giving 10 each tract It's proper position
! and quantity Of land, and preserving
| the general confguration or shape OF
the block. By this location the call for
| the 81 surveys on the southeast of the
Casper lIaincs would be fully answer.
| ed, and no part Of the block would in.
tcrierc with older surveys. By this 10.
cation the southern line Of the block
would be north Of the land in dispute,
| leaving 1t vacant and liable TO bc ap.
! propfIated by the two warrants Of the
/ plaintiffs.
We have said that this would be the
/ proper, and in fact the only location
which could be made of this block. II
no lines for II were found run and
marked upon the ground but II lines
were run and marked upon the ground
and returned for this block Of surveys.
these lines must control the location Of
the'h!ock and not the calls Of the Cas-.
per iaincs for the surveys Of 1854.
The first question OF fact concerning
the location OF this block which you
must determine, is, were the lines OF
these surveys run and marked by the
deputy surveyor IN 1913. If they were.
then they must determine the location
of the block. About this first question
there seems to be no room for dispute.
Al Of the surveyors who have been call.
cd agree that they find upon the ground
marked lines counting back TO 1898
running IN the right directions aud AT
the right distances apart 10 suit this
block Of surveys We do not mean 10
say that all Of the lines Of every tract
have been found but that sufficient
number Of lines have been found and
identified, 20 fix the general location of
the block. II you find this TO be fact.
you must resort to these lines and the
corners found upon them TO determine
where this block was located in 1913.
The defendants contend that this
block il located upon the ground 80
far -outhward, as 10 interfere with the
Philips surycys.of May and June, 1913.
liy this location the George BickhAm
and Jacob X, Howell tracts which they
own cover the land in dispute. On the
other hand. the plaintiff contend that
the block is located two tracts. or 400
rods, further north, and that by their
location the block does not interfere
with the senior surveys Of 1913, and
that the land in dispute j. south Of the
southern line Of this block. This il the
main question in this case, and is ques
ton of fact for you 20 determine under
all OF the evidence bearing upon it.
The first surveyor who was upon this
block Of surveys after il was located
and whose testimony is given in this
case Is Henry Z. Trcziyulny. lie testi.
Ties that he was upon this block Of sur.
veys, as early as lS22. What lines be
then run and what corners he found he
does not give in detail. The next sur.
veyor, whose testimony is given in this
case Is David Ferguson. lie testifies
that he run the lines Of this block of
surveys about thirty. FIVE years before
his deposition was taken in 1864 that
would take 1t back TO 1929. lie testi.
Ties that he spent about a week in try.
ing TO locate these thirteen tracts. from
the call Of the Casper Haines for the
Anderson white oak. but that he could
lind no lines or corners corresponding
TO this location that he did find the
block well located by lines and corners
on the ground two tracts further south
and interfering very considerably with
the Philips surveys lie names the
living corners which he found CORE.
spending with the returns Of surveys.
and which were large majority of ell
the corners upon the block. If the
testimony Of this witness is believed,
then fifty years ago. most Of the lines
and corners returned for this block of
surveys, we're found by him upon the
ground. where the defendants claim