52 Minn. 537 | Minn. | 1893
Action in ejectment to recover possession of a narrow strip of land situated in a fractional section bordering upon three large meandered lakes. These lakes so encroach upon the section that its northwest and southeast corners could not be established upon the ground by the governmental surveyors, nor could quarter •corner posts be placed upon the north or east or west boundary lines.
The northeast and the southwest corners were located, and also the quarter post upon the south line. A verdict was ordered in defendant’s favor, and the appeal is from an order denying a new trial. Both parties claimed title through various conveyances from one
It is well settled that when the grant describes the premises by distinct and definite boundaries, from which the lands may be located, no extrinsic facts or parol evidence can be resorted to for the purpose of controlling or varying the description. The boundaries must be got at by the calls in the deed, when they are definite and distinct. Drew v. Swift, 46 N. Y. 204; Lawrence v. Palmer, 71 N. Y. 607; Waterman v. Johnson, 13 Pick. 261; Bond v. Fay, 12 Allen, 86.
But it is claimed by counsel for defendant that, while Stoddard and Chatfield were coterminous owners, a dividing line was agreed upon between them, upon which the fence was built, and which must now be held to be the true line. The facts were that when the former agreed to sell to the latter a tract of land out of a larger tract, running from his west line to the lake, and of sufficient width to embrace 10 acres, the witness Gould was employed to survey it, that its description by metes and bounds might be obtained. This he attempted to do, and stakes were driven along the supposed north line of Chatfield’s purchase, and according to those stakes the fence was built. There was no controversy over this location for the division fence, for the parties had no reason to suppose the survey to be erroneously made. But, without going into details as to the mistakes made by Gould, it is obvious that his work was very inaccurate and unreliable. The rule of law which counsel attempt to apply is well understood, and may be thus stated: Evidence of what is called a “practical location” of the boundaries of real property is often competent in cases of controversy respecting division lines, and it is sometimes difficult to determine whether such evidence should be received or rejected. Where there can be no real doubt as to how the premises should be located according to certain and known boundaries described in the deed, to establish a location different
The most that can be urged in defendant’s behalf in support of his •claim to a practical location, which will conclude the parties, is that, misled by Gould’s inaccurate survey, and in ignorance of his mistake,
Order reversed.
(Opinion published 54 N. W. Rep. 740.)