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Clark, A Treatise on the Law of Surveying and Boundaries (1922)

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dave-karoly
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I have a free copy of this book on my Google Books app.

Will be reading it.

A couple of things I noticeƒ??it appears to be a true restatement of the law without the editorializing and prescriptive statements of the law (what the law should be, not what it is) that you see in more recent books on the subject.

It reads like a legal treatise like you would read at the law library:

Sentence 1: The agreement is conclusive. Citation footnote. Sentence 2: The agreement is not binding. Citation footnote. If mistake, not binding. Citation footnote. Binding even if mistaken. Citation footnote.

They donƒ??t flow like a regular book.


 
Posted : October 31, 2021 12:11 pm
loyal
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Thanks for bringing this up Dave. I have the Fourth Edition (Grimes, 1976) and was never a big fan (I preferred Skelton). I always wondered what the original 1922 edition looked like in comparison. I just downloaded a "Google books" .PDF of it (thanks to you), and I'm looking forward to reading it this winter.

Thanks again,

Loyal


 
Posted : October 31, 2021 1:50 pm
loyal
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Dave, I worked for many years with Robert G. Pruitt Jr, and among the many things that I learned, was concerning "the Law" and how it works (or doesn't work) in the real world. His greatest comment to me was:

"The Law is whatever THAT Judge says it is THAT Day" (followed by), "same Judge different Day, different Judge same Day, might be DIFFERENT!"

Like a good Change-up, presentation is IMPORTANT!

Loyal


 
Posted : October 31, 2021 4:10 pm
dave-karoly
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@loyal the state of boundary law is it takes litigation to know where the boundary is located except that doesnƒ??t affect any other owner not a party to the litigation. All the rules are designed to resolve a dispute.

I try my best to accept previous surveys unless there is overwhelming evidence to overcome them.

Clark is a little less generous than that but heƒ??s writing in the early 1920s when it appears to me the Courts were entering a stricter period, at least here.


 
Posted : October 31, 2021 6:12 pm
loyal
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Posted by: @dave-karoly

Clark is a little less generous than that but heƒ??s writing in the early 1920s when it appears to me the Courts were entering a stricter period, at least here.

Well put Dave!


 
Posted : October 31, 2021 6:15 pm

dave-karoly
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Frank Emerson Clark, Lawyer, born November 12, 1860, 5ƒ??-4ƒ? tall, traveled to Europe with his wife in 1913, 2nd of 8 children (4 girls, 4 boys), he had a son and a daughter, lived in Minneapolis in 1940, managed to die in Los Angeles, California in 1941.?ÿ

Although listed as a farmer, he says his Father (Alban Clark) was a Surveyor in Wisconsin ƒ??50 years agoƒ? (1870s).


 
Posted : October 31, 2021 8:55 pm
dave-karoly
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This thread has a biography:

https://surveyorconnect.com/community/business-finance-legal/bio-of-frank-emerson-clark-from-clark-on-surveying-and-boundaries/


 
Posted : October 31, 2021 9:03 pm
dave-karoly
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@loyal

?ÿ


 
Posted : November 1, 2021 8:27 pm