Holler

This is an action to recover possession of a small tract of land. Plaintiff and defendant are patentees from the United States government to lots 2 and 9, respectively, of section 5, of a certain township and range. The result of this litigation is dependent upon the proper location of the division line between these aforesaid lots. The section is found in the northern tier of sections of the township, and contains something

*575 in excess of nine hundred acres. It is depicted upon the official map of the township as follows:

TOWNSHIP LINE.

It will be observed from the plat that the exterior lines of the section are marked out upon the ground by the government survey, save a portion of tne western boundary line. It further appears by the field-notes that such line was never run. The surveyor general, in platting the survey, projected a line due north from the northwest corner of the southwest quarter (an established corner) to the township line, as a dividing line between sections 5 and 6, and thereupon divided the excess of the section as appears from the plat.

The true line between lots 2 and 9 is dependent upon the location of' the quarter section corner upon the township…