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Decree of the Court.

from the fortieth to the sixtieth mile east of the initial point as the said mile posts were relocated and marked by James Harding, Peter A. Dey and Dwight C. Morgan, commissioners, in 1896.

"The distances are given to the nearest tenth of a metre and to the nearest half foot, and the bearings or azimuths to the nearest quarter minute.

"The azimuth is reckoned from the south point as zero in the direction of west, north, and east successively - i.e., 90° means due west, 270° due east, etc.

"The convergence of the meridians is 44 seconds for each mile. The bearings going west, or back azimuths, are therefore in each case three-fourths of a minute greater than the eastern or direct azimuths.

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"Note on the Reduction and Results of the Astronomical Ob

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servations at Lineville, Iowa.

For latitude the observed altitudes of Polaris were reduced by the method and table given on page 534 of the American Ephemeris, with the result:

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Approximate latitude 40° 34'.6.

Comparisons of local mean time, obtained by sextant observations of the sun, with railroad time signals, gave the following result:

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Approximate longitude (W. of Greenwich) 93° 32'.

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For azimuth the observations of Polaris were reduced by the formula

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"Resulting azimuth of base line 89° 21' 49" east of north. "These results transferred to the monuments at each end of this 20-mile section give the following:

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the azimuth at each point being the bearing of the straight line joining the two points."

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Photograph of a section of the oak tree at the Fifty-second mile point, supposed to be witness tree in the Iowa-Missouri boundary. The dark line indicates the size of the stem fifty

years ago.

Decree of the Court.

"APPENDIX B.

"Account of Expenses Incident to the Relocation and Remarking the Boundary Line between the States of Missouri and Iowa from the 40th to the 60th Mile Point, under Decree of the Supreme Court of the United States, February 5, 1896.

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Pay of one assistant (14 days @ $2.50) and laborers...

190 50

Subsistence of parties in field..

421 75

342 25

Hire of teams and drivers and feed for teams... Paid for eighteen granite monuments in place.. Miscellaneous expenses paid, (telegrams, township plats, signal materials, clerical work and typewriting, repairs of instruments, storage, &c., &c.)..

Advertising, Missouri and Iowa.

922 00

171 60

133 30

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Syllabus.

And it is ordered, adjudged and decreed that the boundary line between said States of Missouri and Iowa in controversy herein be, and it is hereby, established and declared to be, as delineated and set forth in said report.

It is further ordered, adjudged and decreed that the compensation and expenses of the commissioners and the expenditures attendant upon the discharge of their duties be, and they are hereby, allowed at the sum of five thousand two hundred and seventy-three dollars and fifty-six cents ($5,273.56), in accordance with their report as confirmed as aforesaid, and that said charges and expenses with the costs of this suit to be taxed be equally divided between the parties hereto. And it is further

Ordered, adjudged and decreed that the clerk of this court forthwith transmit to the Chief Magistrates of the States of Missouri and Iowa copies of this decree, duly authenticated under the seal of this court.

HUSSMAN v. DURHAM.

ERROR TO THE SUPREME COURT OF THE STATE OF IOWA.

No. 66. Argued and submitted January 5, 1897. - Decided January 18, 1897.

In 1858, C. located a bounty land warrant issued to L. under the act of March 3, 1855, c. 207, taking a certificate of location, which was recorded in the office of the recorder in the county in which the land was situated. No patent was issued. In 1864, under authority of the act of June 23, 1860, c. 203, but without notice to C., the Secretary of the Interior cancelled that warrant. It was admitted that the assignment upon it, purporting to be that of L., was a forgery. On the records of the land department up to 1886 it appeared that a full and equitable title to the land had passed to C., and in that year D. having obtained conveyances from C., applied to the land department for leave to purchase on payment of the regular price and his application was granted. Meanwhile the land had been sold for non-payment of state taxes, and the tax title had passed into H. D. commenced suit against H. to quiet title, and the Supreme Court of Iowa sustained the decree of the trial court in his favor. Held,

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