Evidence – Location of an Obliterated Corner

An obliterated corner’s location may be recovered by reference to acceptable supplemental survey records, physical evidence, or testimony of witnesses having a dependable knowledge of such corner’s location. However, that location must be proven beyond a reasonable doubt, and, if based on testimony, it must come from witnesses having positive knowledge of the precise location of the original monument. Testimonial evidence must be tested by relating it to known original corners or other calls of the original field notes. State Bd. of Educ. Lands & Funds v. Jarchow, 219 Neb. 88, 362 N.W.2d 19 (1985). See also Neb. Rev. Statutes §23-1908.

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