Printable Format19-1425. When survey to be made; testimony of witnesses. On the day mentioned in the notice, or on the next day thereafter, the surveyor shall proceed to make the survey, but he may for good cause adjourn from time to time. He may, upon the application of any party who is interested in such survey, take the evidence of any witness who may be produced to prove any point material to such survey, which testimony shall be reduced to writing and subscribed and sworn to by the witness, and together with an accurate plat and field notes of such survey shall be filed in the office of the county surveyor within thirty days after the completion of such survey.
History: L. 1891, ch. 89, ยง 9; March 14; R.S. 1923, 19-1425.
CASE ANNOTATIONS
1. Report is deemed filed from time of completion and certification. Anderson v. Roberts, 86 Kan. 175, 176, 119 P. 354.
2. Parol evidence of former surveys admissible. In re Nelson's Appeal, 88 Kan. 219, 225, 128 P. 376.
3. It is duty of surveyor to follow statutory rules. Roadenbaugh v. Egy, 88 Kan. 341, 344, 128 P. 381.
4. Private survey by county surveyor without notice, properly admitted evidence. Simpson v. Goering, 161 Kan. 558, 560, 170 P.2d 831.
5. Fact that surveyor did not do the actual chaining and measuring at the time specified in the notice does not violate the section. Frey v. Feeders, 207 Kan. 764,767, 768, 486 P.2d 1377.
6. All landowners adjacent to boundary line benefit from official survey. Gnadt v. Durr, 208 Kan. 783, 786,494 P.2d 1219.