Evidence – Field Notes

In the absence of a government corner, or of satisfactory proof of its location, the field notes of government survey will govern and determine the true line, and such field notes and government plats in such case are prima facie evidence of its true location. Knoll v. Randolph, 3 Neb. 599, 92 N.W. 195 (1902). See also Neb. Rev. Statutes §23-1911.

Government corners fixed by a United States surveyor at the time of the original survey will control the field notes of the survey taken at the time the corner was erected, and will control the field notes for courses and distances of any subsequent survey. Knoll v. Randolph, 3 Neb. 599, 92 N.W. 195 (1902). See also Neb. Rev. Statutes §23-1911.

If the location of section and quarter section corners by the original government survey can be ascertained, they are not to be moved, but will control all other surveys; but when the marks of the government survey have been obliterated, and the location of the corners by that survey cannot be established by witnesses who know where they were located, resort must be had to other evidence, and in the absence of any other proof, the measurements indicated by the field notes of the government survey must control. Clark v. Thornburg, 66 Neb. 717, 92 N.W. 1056 (1902). See also Neb. Rev. Statutes §23-1911.

SEE ALSO EVIDENCE – GENERALLY and discussion of State v. Ball.

SEE ALSO EVIDENCE – LOCATION OF OBLITERATED CORNERS and discussion of State Bd. of Educ. Lands & Funds v. Jarchow.