Cody v. . England

PlaiNtiiws’ Appeal.

"WiNboene, J.

Decision here turns upon the answers to these two questions: First. Where the county surveyor, instead of actually surveying the lines and boundaries of an entry, adopts a known natural object as the beginning corner, and merely plats on paper the lines and boundaries, designating in part courses and distances to stakes, are the stake corners to be located by measuring the distance by surface measure or by horizontal measure ? The answer is “by horizontal measure.”

The statute in effect at the date of entry No. 2335, 5 September, 1853, in question here, provides…