Bissell v. Fletcher
Nebraska Supreme Court
Error to the district court for Harlan county. Tried below before Gaslin, J. A plat, when referred to in a deed, becomes a part thereof. (Washb. R. P., 5th ed., 459-60; Nieolinv. Sehneiderhcrn, 33 N. W. Rep., 33; Neioman v. Foster, 3 How. [Miss.], 383.) The field notes of the original survey are the best evidence of the boundary. (Rev. Stats. U. S., sec. 2396.) Defendant cannot be permitted to show that the river is not where the plat represents it.
Read the full summary
Error to the district court for Harlan county. Tried below before Gaslin, J. A plat, when referred to in a deed, becomes a part thereof. (Washb. R. P., 5th ed., 459-60; Nieolinv. Sehneiderhcrn, 33 N. W. Rep., 33; Neioman v. Foster, 3 How. [Miss.], 383.) The field notes of the original survey are the best evidence of the boundary. (Rev. Stats. U. S., sec. 2396.) Defendant cannot be permitted to show that the river is not where the plat represents it. (Bates v. JR,. Co., 1 Black [U. S.], 204.) Monuments must control courses and distances. (3 Washb. R. P., 434; Stafford v. King, 30 Tex., 257;…
1Opinion of the CourtMaxwell, J.
A decision was rendered in this case in 1886, the opinion being reported in 19 Neb., 726. A rehearing was af*584terwards granted, but for some cause which does not appear the parties have failed to again submit the case until the present time. The matter in dispute is the boundaries of lot 3, section 31, town 2, range 18 west, in Harlan county. This lot is shown, by the plat and patent under which the plaintiff claims, to contain acres. This amount of land he is in the undisputed possession of, but he claims that he is also entitled to a large quantity of land as an accretion, but which the…
2Cases cited1 opinion
- Tierney v. CornellNebraska Supreme Court · 1874
3Cited by6 opinions
- Fuller v. SheddIllinois Supreme Court · 1896
- United States v. WilsonDistrict Court, N.D. Iowa · 1977
- United States v. 11,993.32 Acres of LandDistrict Court, D. North Dakota · 1953
- Forker v. Duenow Management Corp. (In Re Calvert)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- Majerus v. School District No. 52Nebraska Supreme Court · 1941
1 more not listed; retrieve them via the Exa API.