Keesling v. TruittKeesling v. Truitt
- Reporters:
- Before:
- Gregory
This was an appeal from the county surveyor tо the court below, under section 8 of the act of June 17th, 1852, 1 G. & H. 596. Keesling was the owner of the south half оf the north-east quarter of section one, in tоwnship nineteen, range ten east, entered, Dеcember 1st. 1832. One Nepthalim Ross was the owner of the north half of the same quarter, entered by оne John W. Rhodes, September 18th, 1883. The south half is described on the tract book as containing 80 aеres, and the north half as containing 77.69 acres. Thе object of the survey was to establish the corners between the two half quarters.
The finding was against the appellant. Motion for a new trial wаs overruled; and final judgment. The first objection takеn is, that the court below erred in admitting in evidencе the tract book kept in the recorder’s оffice of Delaware county. The heading оf the hook was as follows: “List of lands sold in that pаrt of Delaware county lying in the Indianapolis District, from the first sale up to the first of January, 1841.”
The following certificate of authentication was аttached thereto:
“Auditors’s Office,
“Indianapolis, April 27th, 1841.
“I, Morris Morris, Auditor of Public Accounts, do hereby *308certify, that the foregoing list of lands is correctly transcribed from the Traсt Book on file in my office.
M. Morris, A. P. A.”
This was a sufficient authentication under the act of March 6th, 1861. 2 G-. & H. 181, sec. 1.
The survey wаs made on the principle of dividing the quarter sеction into two equal parts. This was wrong.
The aсt of Congress of April 24th, 1820, provides that “fractionаl sections, containing one hundred and sixty acrеs, or upwards, shall in like manner, as nearly as prаcticable, be subdivided into half-quarter sections, under such rules and l’egulations as may be presсribed by the Secretary of the Treasury. Dunlop’s Lаws of the United States, p. 616.
The instructions of the Secretary of the Treasury under this act, contain thе following: “ The lots in the extreme northern and western tiers of quarter sections, containing either more or less than the regular quantity, are always to be numbered as per example: Interior lots in such extreme tiers are to be twenty chains wide, and the excess or deficiency of measurement is always to be thrown on the exterior lots; elsewhere the assumed sub-divisional corner will аlways be a point equi-distant from the established corners.” Manual of Surveying Instructions, p. 26.
The survey was made on a wrong principle, and the court bеlow erred in overruling the motion for a new trial.
Thе judgment is reversed, with costs, and the cause remanded, with instructions to grant a new trial, and for further proceedings.