Roberts v. Harms

CLARK, Judge.

In this action brought to settle a disputed land boundary, plaintiffs Leland N. and Ruby May Roberts prevailed below. Defendants Julius and Huida Harms appeal contending evidence of a surveyor called by plaintiffs and relied on by the trial court to support its judgment was improperly received over objection that the survey did not commence at a government corner. Reversed.

Harms own the west half of a quarter/quarter section which they bought in 1948. Lots were later platted from the east half of the same quarter/quarter section and in 1961 the Roberts bought one of these lots…