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rules of evidence

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half-bubble
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"[N]o one corner or monument recited in a description has any greater dignity than any other corner or monument recited."

Who said it where, and what does it mean?


 
Posted : April 30, 2013 11:18 am
Jerry Knight
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Walt Robillard et al said it in the Evidence and Procedures book. It has also been similarly said by others. It means that the point of beginning monument has no more weight than other monuments thus cited.
Jerry


 
Posted : April 30, 2013 11:24 am
jered-mcgrath-pls
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> Walt Robillard et al said it in the Evidence and Procedures book. It has also been similarly said by others. It means that the point of beginning monument has no more weight than other monuments thus cited.
> Jerry

Yep, Principle 4, in Third Edition, Chap 7, Sub 7-6, Pg 164.


 
Posted : April 30, 2013 12:00 pm
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Who said it where, and what does it mean?

It means that you, as a Professional Surveyor, have the ability and responsibility to determine what it means.


 
Posted : April 30, 2013 7:58 pm
Norman_Oklahoma
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> Walt Robillard et al said it...

> Yep, Principle 4, in Third Edition, Chap 7, Sub 7-6, Pg 164.
It predates Walt Robillard. In Boundary Control & Legal Principles 2nd Ed. (1969), Curtis Brown writes (section 4.26, page 142) "Although every deed must have a point of beginning, it is not to be assumed that the beginning corner is of any more importance than any other corner."


 
Posted : May 1, 2013 6:03 pm

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I have it in some notes from reading the Primacode Transform manual. I'm sure the attribution is in there, probably Brown & Robillard.

It must be a much older concept, though.
I wonder what the earliest case law is about it ?

The CAD method of holding one plat monument and rotating to another for matching bases of bearing seems to directly contradict this "equal weight" rule of evidence. Or am I comparing sheep dung with goat stakes?


 
Posted : May 1, 2013 9:51 pm