State Surveyor; disputed surveys; how settled; prima facie evidence of correctness; compel testimony; oaths.
In case of any dispute among owners of and arising for or by reason of any survey of boundaries of lands within this state, or in case of dispute or disagreement between surveyors as to said surveys or boundaries, the same shall be referred to the State Surveyor for settlement. He is hereby appointed as arbitrator to settle and determine such disputes or disagreements as to said surveys and boundaries and his decision shall be prima facie evidence of the correctness thereof. In making such surveys, the State Surveyor and deputies shall each have power in any county of the State of Nebraska to summon and compel the attendance of witnesses before them to testify as to material facts relating to their knowledge of lost or obliterated corners. The State Surveyor and deputies are authorized and empowered to administer oaths and affirmations to their assistants and to witnesses.
Source:Laws 1903, c. 195, § 4, p. 577; Laws 1913, c. 44, § 1, p. 148; R.S.1913, § 5566; Laws 1919, c. 54, § 1, p. 158; C.S.1922, § 4870; C.S.1929, § 84-409; R.S.1943, § 84-410; Laws 1947, c. 348, § 3, p. 1095; Laws 1951, c. 340, § 4, p. 1126.
Statute is permissive and not mandatory. Ejectment may be maintained against occupant by one excluded from land without submitting controversy to State Surveyor under this section. Whitney v. Wyatt, 111 Neb. 328, 196 N.W. 322 (1923); Reed v. Wellman, 110 Neb. 166, 193 N.W. 261 (1923).
Prima facie case made by survey and report of deputy state surveyor was overcome by evidence of location of original government corner at variance with survey. McShane v. Murray, 106 Neb. 512, 184 N.W. 147 (1921).
Instructions given by trial court as to effect of resurvey made by deputy surveyor were in harmony with the provisions of the statute. Harris v. Harms, 105 Neb. 375, 181 N.W. 158 (1920).