75 N.W. 787 | N.D. | 1898
This action was brought to determine whether or not a certain triangular tract of land formed a portion of section 36, township 144, range 50, in Traill County, or a portion of section 35, same township. If the former, it belongs to plaintiff; if the latter, it belongs to defendant Agnes C. Walker. A trial to a jury resulted in a verdict for plaintiff. A motion for a new trial was denied, and judgment rendered on the verdict. There was an alleged irregularity about the motion for a new trial, which appellant seems to fear will prevent a review of the evidence in this court. But respondent makes no such claim. On the contrary, by his course he concedes that the evidence is before us. We need not, therefore, further notice the
Sections 36 and 35 are, of course, on the south line of the township. It happens also, in this instance, that they are on the south line of the county; sections 1 and 2 directly south being in Cass County. It is conceded that point A is the original corner between said two sections on their North line, established by government survey. The contention is over the location of the original corner on their south line, both parties conceding that the original corner must govern. Plaintiff, who owns the west half of section 36, claims that the corner is at point C, while defendant Agnes C. Walker, who owns section 35, claims that it is point B. Defendants have occupied and cultivated the land up to line A-— B, while plaintiff claims to the line A — C. The distance from B to C is rods. The contest is over the triangular tract bounded by those lines.
Some errors are assigned upon the admission of testimony, but the rulings were clearly right, and the points raised involve nothing of general interest. The chief reliance of appellant is
The court submitted two questions to the jury: (1) Was the original corner stake at point B? (2) Was the original corner stake at point C? Error is assigned in thus limiting the jury to those two points. It is urged that the jury should have been permitted to say where the original stake was. But it was not claimed by any one that it was at any point other than B or C. True, there was a slight discrepancy as to the exact location of point C, but it was too slight for the law’s notice. Had the jury found that the corner was at a point other than B. or C, their finding could not have stood.
The judgment of the District Court is affirmed.