The court quashed the order—

1st. Because the line was run without giving any notice to Ogden, and only four days to Minn, the tenant.

[54] 2d. Because the surveyors altered a line fence acquiesced in for twenty-five years.

3d. It was proved that, as the lands became improved, a fence had always been erected according to the old line.

4th. Under pretence of settling a line fence, the surveyors have tried a title.

Cited in Miller v. Barnet, 2 South. 550.