81 Iowa 436 | Iowa | 1890
Two burr-oaks bearing certain marks stand near the section line in substantially the position called for in the field-notes, twenty rods west of the center of said line. Appellee contends that these are the bearing trees called for in the field-notes, and should control in the location of the corner. A clump of linns formerly stood west of these oaks. There is decided conflict in the testimony as to the character of the marks, and the diameter of these trees, in 1851, as shown by their present diameter. Surveys having reference to this quarter corner were made in 1858, and 1859, by N. McKimmey, and in 1870 by George Madison. McKimmey found that the quarter post was placed twenty rods too far west by government surveyors, and at this point found burr-oak, fifteen inches in diameter ; south, twenty-nine degrees ; west, seventy-two links; burr-oak, sixteen inches in diameter; north,
This is not a proceeding to correct errors in the government survey, but to ascertain what that survey was. The true corner is where the United States surveyors established it. It is a well-established rule that when boundaries are fixed and known, and unquestioned monuments exist, and neither courses, distances nor computed contents correspond with the monuments, the monuments govern. Pernam v. Wead, 6 Mass. 131; Nelson v. Hall, 1 McLean (U. S.) 518. When the boundary is not fixed and known, but is in dispute, courses, distances and contents may be considered in fixing and knowing the true boundary. When, as in this case, the dispute is as to which of two points is the established corner, and one point is where such corners are usually established, and such as to give to each owner the quantity of land purchased, and the other is remote, and gives to some more and to others less than the quantity of land purchased, it will surely require less evidence to convince the mind that the
It follows, from the foregoing discussion, that the judgment of the district court must be reversed. The case is remanded for further proceedings, in conformity with this opinion. Reversed.