Carter v. Spracklin
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. As matter of law, tlie county surveyor’s survey is presumed to be true until shown to be incorrect, while tbe survey of W. E! Smith must be shown to be correct, and the survey itself of this nonofficial surveyor is not admissible as evidence, even if shown to be correct. There was no evidence that the nonofficial survey should have been received as legally sufficient, to impel a judgment in plaintiff’s favor, it.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. As matter of law, tlie county surveyor’s survey is presumed to be true until shown to be incorrect, while tbe survey of W. E! Smith must be shown to be correct, and the survey itself of this nonofficial surveyor is not admissible as evidence, even if shown to be correct. There was no evidence that the nonofficial survey should have been received as legally sufficient, to impel a judgment in plaintiff’s favor, it. S. 1909, Sec. 11301; Clark v. McAtee, 227 Mo. 152.
1Opinion of the CourtWoodson, J.
This is * a suit in ejectment, brought by the plaintiff against the defendants, to recover the possession of a strip of ground three feet wide, off of the south side of’lot 71 in the original town of Webb City, Jasper county, Missouri.
Said lot 71 has a frontage of.feet on Webb street and a depth of.... feet on Daugherty street, the exact dimensions of said lot not appearing, though I suppose it was quite a large tract of land. *118The latter street runs east and west, and the former north and south.
A trial was had in the circuit court of that county, which resulted in a judgment in favor of the…
2Cases cited1 opinion
- Hopper v. HickmanSupreme Court of Missouri · 1898
3Cited by4 opinions
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- Pioneer Cooperage Co. v. Bland and Foster.Missouri Court of Appeals · 1934
- Strother v. BarrowSupreme Court of Missouri · 1912
- Watson v. MatsonMissouri Court of Appeals · 1914