Lively v. Lively

Duckworth, Chief Justice.

(After stating the foregoing facts.) Headnotes 1, 2, 3, 5, 6, and 7 require no further elaboration. However, a further discussion of headnote 4 will be made here for clarification', in view of the admission of the county surveyor that he did not himself measure the north and east lines,.but obtained the distances accredited to such lines from a survey made by someone else. Neither his oral testimony nor the plat of the survey made by him, based upon such data, was competent evidence to prove the number of acres in the tract of land referred to. His testimony and plat,…