Cumpston v. Neirinckx

Opinion by

Judge CRISWELL.*

In this declaratory judgment action, defendant, Robert Neirinckx, appeals from the decree entered in favor of plaintiff, Barbara Cumpston, in which the court declared that the location of a quarter section corner as determined by the county surveyor was correct. We affirm.

Plaintiff owns a parcel of land lying north of one owned by defendant. The deeds to both parcels use metes and bounds descriptions that start with the east quarter corner of Section 19, T. 13 S., R. 94 W. of the 6th Principal Meridian.

In 1972, a surveyor located this quarter corner and established a…