Boundaries – Jury Instructions

In an action to establish a controverted section line, where the trial is conducted by both parties on the theory that the corner established by the government surveyors was not a lost corner, it is not error to charge the jury that they are to determine the location of the original boundary line, even though such evidence was admitted that a corner had been established by the county surveyor who proceeded on the theory that the original corner was lost. Stryker v. Meagher, 76 Neb. 616, 107 N.W. 792 (1906). See also Neb. Rev. Statutes §23-1908.