Graham v. Gill,
223 U.S. 643 (1912)

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U.S. Supreme Court

Graham v. Gill, 223 U.S. 643 (1912)

Graham v. Gill

No. 173

Submitted February 29, 1912

Decided March 11, 1912

223 U.S. 643


Overruling objections to admission of evidence other than field notes of surveys is in effect passing on effect of the requirements of § 2396, Rev.Stat., and, in regard to surveys of public lands, involves a federal question reviewable by this Court under § 709, Rev.Stat.

Evidence other than field notes of a survey of public lands may be admissible if it has a legitimate tendency to precisely locate the land, even though it may tend to show an error in the field notes, and, under the circumstances of this case, such evidence was proper. French-Glenn Live Stock Co. v. Stringer, 185 U. S. 47.

56 Fla. 316 affirmed.

The facts, which involve the admissibility under § 2396, Rev.Stat., of evidence other than field notes in regard to location of a tract of public land, are stated in the opinion.

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