169 N.W. 523 | S.D. | 1918
Plaintiffs are the owners of the 'S. E. ■quarter of section 35. The south line of this section is the 'boundary line of both the congressional and the civil township, Edison
But one question is px-esented upon this appeal: Was there evidence to warrant the trial court in finding that the corner common to sections 1, 2, 35, and! 36 is not at flue paint claimed ¡by plaintiffs ? Plaintiffs contend that the evidence clearly establishes that the original government corner, evidenced! by mound and pits, was located at the point claimed by them; they claiming that such mound and pits, while known to the original settlers, has since become obliterated. Defendants contend that the corner, if it ever was marked by the government surveyor, has become “lost,” and that in establishing such corner where they have established same they have given to plaintiffs even more laxid than they are really entitled! to.
The judgment and order appealed from are'reversed.