Antone v. Hoffman

WILLSON, C. J..

(after stating the facts as above). Careful consideration of the record has convinced us that plaintiff in error’s insistence that the instructions to the jury in connection with the issue set out in the statement above were erroneous because calculated to mislead them in that thereby they were authorized to determine the location of the Singleton survey on the ground with reference to surveys thereof made by other surveyors than the one who made the field notes on which it was patented should be sustained. The contention is predicated on the failure of the trial court, when he…