Boundaries – Variance

On a line of the same survey, and between remote corners, the whole length of which is found to be variant from the length called for, it is not to be presumed that the variance was caused from a defective survey of any part, but it must be presumed, in the absence of circumstances showing the contrary, that it arose from imperfect measurement of the whole line, and such variance must be distributed between the several subdivisions of the line in proportion to their respective lengths. Brooks v. Stanley, 66 Neb. 826, 92 N.W. 1013 (1902). See also Neb. Rev. Statutes §23-1911.

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