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.