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Land Surveyor

United States Public Land Survey

Thomas M. Cooley, Regarding the United States Public Land Survey:

 

No statute can confer upon a county surveyor (nor any other surveyor) the power to “establish” corners, and thereby bind the parties concerned. Nor is this a question merely of conflict between State and Federal law; it is a question of property right. The original surveys must govern, because the land was bought in reference to them; and any legislation, whether State or Federal, that should have the effect to change these, would be inoperative, because of disturbing vested rights.

 

“The Judicial Junction of Surveyors” by Thomas M. Cooley, Chief Justice, Supreme Court of Michigan, 1864–1865.

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