
    THE STATE v. FORD AND BALDWIN, SURVEYORS.
    1. For what causes court will quash an order of surveyors.
    2. There must he notice to landlord and tenant.
    3. A line of twenty-five years not to he disturbed,
    4. Surveyors to go by the possession — not to alter a line on pretence of title.
    
      Certiorari to remove the adjudication of a line fence between one Osborn and Minn, the tenant of Ogden.
   The court quashed the order—

1st. Because the line was run without giving any notice to Ogden, and only four days to Minn, the tenant.

2d. Because the surveyors altered a line fence acquiesced in for twenty-five years.

3d. It was proved that, as the lands became improved, a fence had always been erected according to the old line.

4th. Under pretence of settling a line fence, the surveyors have tried a title.

Cited in Miller v. Barnet, 2 South. 550.  