Von Rosenberg v. Haynes

STAYTON, Chief Justice.

Appellant having made locations by virtue of thirty-seven land certificates on the land in controversy, Haynes, the surveyor of the county, refused to make surveys under the locations, on the ground that the land covered by the locations was titled land; whereupon this action was brought to compel him to make and return .surveys.

The claimants of the land and the surveyor were made parties defend ant, and on trial, without a jury, the court held that the land was not subject to location.

It was claimed by defendants that the land covered by the locations was a part of two…