Lucius Quintus Cincinnatus Lamar

“ As evidence to show that the land in dispute is part of this George Moore tract, the plaintiff produced copies of the returns of these surveys, called for as adjoinders, the location of which, it is claimed, was fixed by the evidence beyond dispute. And in connection with that evidence he called several surveyors, who gave testimony, with maps and other returns, tending to show, by identifying the hemlock north-east corner, and other marks on the ground corresponding with the survey, that the Moore tract, located according to its calls, embraced the land in dispute. ”

“ Prior to the year 1866 the plaintiff, at that time a resident of New York city, purchased a large amount of lands lying east of and adjoining those of the Schraeder Land Company, the predecessor of this defendant, and including the tract in controversy, none of which lands he had ever seen. Soon after that purchase he employed Jacob De Witt as his agent and attorney in the management and protection of said lands from depredations, ect., and gave him full power and authority to carry out the purposes of his agency. ”

“ The land company, having in contemplation the erection of a saw-mill and extensive lumbering operations, and being desirous of painting a boundary line of its lands as a guard against trespassing upon the lands of adjoining owners, informed De Witt of its intentions; and, upon his assent thereto, as plaintiff's agent, the company employed on its own responsibility one Z. F. Walker to run and paint such line. Walker knew nothing of any conference having taken place between De Witt and the company upon the subject of the painted line. ”

“ At an early day in that state great abuses crept into the administration of its land-office system, growing out of the illegal acts of the surveyors, who, instead of going into the field and establishing the lines and marking corners upon the ground, would make drafts on paper of pretended surveys, and return them into the land-office as duly certified. ”

“ The Pennsylvania decisions cited by counsel in support of the assignments of error vary very much from the case at bar. Most of them are cases in which the boundary was agreed upon as a settlement of a dispute. ”