McDonald v. City of Iola
McDonald v. City of Iola
Opinion of the Court
The opinion of the court was delivered by
The appeal was taken from the judgment of the district court approving a survey establishing certain boundaries.
The survey was instituted by the city of Iola, the owner of the Iola cemetery, which consists of two parts, the old and the new, and by S. Webb, the owner of a tract of land lying west of the cemetery. The surveyor made two reports. The first was set aside for want of notice, and the second, which was approved, was essentially a duplication of the first. The result was to establish the west line of the new part of the cemetery some distance west of an old hedge, and to establish Webb’s west line accordingly. The appellants claim the hedge was the true cemetery line, and that the effect of the survey was to move Webb’s west line over on their land.
While the appellants make some technical objections to the survey, there is no doubt that it correctly established the disputed boundaries, unless it were defective because it ignored the hedge. In one of the- deeds pertinent to the controversy one of the calls was “the McDonald line,” and it is claimed the hedge constituted the McDonald line. It is further claimed that the hedge was an old landmark, an ancient monument, and a known and recognized boundary acquiesced in since 1863. On the other side it is said tha't in deed descriptions by metes
The judgment of the district court is affirmed.
Reference
- Full Case Name
- In re Appeal from Survey (L. A. McDonald v. The City of Iola, Appellees)
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. Boundaries — Survey Approved. The evidence examined, and held to sustain the judgment of the district court approving a survey.