Westcott v. Craig

On rehearing, en banc.

Opinion by

Teller, J.

The plaintiffs in error seek to reverse a decree of the District Court of Grand County, entered in a proceeding under Chapter XXIV, Code of Civil Procedure, R. S. 1908.

The matter in controversy is the boundary line between lots 9 and 16 of Section 6, Township 3 North, of Range 75 West. The location of that line depends upon the position of the corner common to sections 5, 6,7, and 8 of said township.

That corner, if ever located in the original survey, has not, so far as is known, been since identified.

A commission appointed.by the court made a survey…