Berry v. Pond

In 1889, Steinle bought a one-sixteenth section of land from the United States. Assuming that he owned a full forty acres running 1320' x 1320', he made a “paper” plat of “E. Steinle’s 40 Acre Tract,” dividing it into eight five-acre lots. The southwest lot was designated lot 8. The plat was filed and since 1889 has served as reference for legal descriptions in conveyances and in tax assessments. The correct north boundary of the tract was known, and Steinle built a south boundary fence 1320 feet south of it.

The original government survey was erroneous in that, while the east-west dimension…