Hopper v. Hickman
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. Dorset W. Shackleford, Judge. (1) The construction by the trial court of section 8312, Revised Statutes 1889, was erroneous. The statute does not disqualify a surveyor from testifying where the corners of lines dividing lands of adjoining owners are, as they were established and located by the authority of the United States; although such surveyor was not a county or a deputy county surveyor.
Read the full summary
Appeal from Cooper Circuit Court. — Hon. Dorset W. Shackleford, Judge. (1) The construction by the trial court of section 8312, Revised Statutes 1889, was erroneous. The statute does not disqualify a surveyor from testifying where the corners of lines dividing lands of adjoining owners are, as they were established and located by the authority of the United States; although such surveyor was not a county or a deputy county surveyor. The statute levels its disqualifying provisions against an unofficial survey, and not against a surveyor who does not hold the office of a county or deputy county…
1Opinion of the CourtRobinson, J.
The plaintiff and defendant in this action are owners of adjoining tracts of land in Cooper county. Plaintiff claims that the defendant’s possession extends north of the true boundary between them so as to take in twenty-seven acres of land belonging to him, which defendant denied; hence this suit of ejectment for the disputed strip. The title of the land to each party within the calls of the deed is admitted, so that the only issue in the case is, as to where the true half section line running east and west through section 13 (in which plaintiff and defendants live) is located with reference…
2Cited by6 opinions
- Sommer v. ComptonOregon Supreme Court · 1908
- Clark v. McAteeSupreme Court of Missouri · 1910
- Carter v. SpracklinSupreme Court of Missouri · 1912
- Weber v. JohannesMissouri Court of Appeals · 1984
- Johnson v. City of BoonvilleMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.