Britton v. Ferry
Michigan Supreme Court
United States Survey. Quarter Posts, effect of as monuments. Construction. — When the actual location of the quarter post, in a United States survey, is capable of being ascertained with certainty, and it appears that the actual distance from one point to another, on a section line, is greater than is indicated by the original survey; it was held, that the quarter posts were authorized to be set and established by virtue of the land laws, and survey statutes, taken in…
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United States Survey. Quarter Posts, effect of as monuments. Construction. — When the actual location of the quarter post, in a United States survey, is capable of being ascertained with certainty, and it appears that the actual distance from one point to another, on a section line, is greater than is indicated by the original survey; it was held, that the quarter posts were authorized to be set and established by virtue of the land laws, and survey statutes, taken in connection with the instructions of the department at Washington to the surveyors; and that when so set, they constitute…
1Opinion of the Court
Cooley J.
The defendants in error brought ejectment to recover lands which they claimed constitute a part of the east half of the north-west quarter of section thirty-six, in township seven, north of range twelve west. The only question involved in the case is, whether this claim is valid, or whether, on the other hand, the lands in dispute are a part of the north-east quarter of the same section, as claimed by Britton.
The section in question was made fractional by the Grand River crossing the north-west quarter, leaving the other three quarters regular. The survey was made by the United…
2Cases cited5 opinions
- Lindsey v. HawesSupreme Court of the United States · 1863
- Climer v. WallaceSupreme Court of Missouri · 1859
- Lessee of William L. Brown and Wife, in Error v. Joseph Clements and Jonathan Hunt, in ErrorSupreme Court of the United States · 1845
- Surgett v. LapiceSupreme Court of the United States · 1850
- Billingsley v. BatesSupreme Court of Alabama · 1857
3Cited by7 opinions
- Westbrook v. MillerMichigan Supreme Court · 1885
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Lawler v. Counties of RiceSupreme Court of Minnesota · 1920
- Talcott v. Pine GroveU.S. Circuit Court for the District of Western Michigan · 1872
- Tucker v. Wyoming Coal Mining Co.Wyoming Supreme Court · 1909
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