Hansen v. Stewart

I dissent. I believe that the plaintiffs are entitled to judgment as a matter of law.

As the majority correctly states, the only issue at trial was the location on the ground of the northeast corner of lot 12, block 34, Providence Farm Survey. The defendants’ experts concluded that the corner on the ground was 33 feet south of where the plaintiffs’ expert placed it. As the majority correctly observes, the location of an obliterated corner must be determined by technical rules which have been adopted by the surveying profession and by the courts. This is accomplished by giving priority to…