George Shiras, Jr.

“ Fairly read, and as the jury must have understood them, we understand these instructions to say, not that if there is conflicting evidence as to certain natural objects the jury should put such evidence and the controverted facts wholly out of view, and look only to other and undisputed facts, but that if, after considering the conflicting evidence, the jury are left doubtful and uncertain, they will be justified in locating the grant by referring to such of the natural objects as are certain. ”

“ It is, however, difficult to conceive of a case in which it would ever be proper for the court to instruct the jury that, if any of the objects called for in the grant are uncertain or called for in the grant are uncertain or reason that if it were a correct instruction in any case it would also be a correct instruction in any other case in which the true location of any objects marking the boundary of a grant was in any manner rendered doubtful by the evidence ”

“ If from the evidence you find that some of the calls for natural objects in the grant cannot be ascertained,-or, in other words, if the natural objects are not all identified and some of them are,-then, and in that case, you will locate the grant with reference to those that are made certain, whether course and distance would reach the natural objects or not; but, in case no natural or artificial objects called for can be found and established, then artificial monuments would be of next controlling power ”