Gannon v. Pearl

Motion for an appeal from a judgment of the Grayson Circuit Court fixing a. boundary line.

The appellants submit the appellee, as-plaintiff, failed to ■ prove that the land ⅛ controversy was embraced in his deed because the evidence upon which the court rendered judgment was improperly received. The incompetency is rested upon the following provision of KRS 73.120:

“No survey or resurvey of real estate made by any person, except the county surveyor or his deputy, shall be considered as legal evidence in any court, unless such survey is made by mutual consent in writing, signed by the parties,…