In Doe d. Carr v. M’Cullough (1842) 3 N.B.R. 460 (S.C.) (“M’Cullough”), a surveyor made an error as to the boundary line between two properties which gave the defendant 150 acres of land when it was only entitled to 100 acres. The jury verdict awarding the defendant this extra land was based upon a twenty-year acknowledgment of the situation by the plaintiff and was made prior to merger of the courts of law and equity. However, the trial judge commented as follows: …where a surveyor is employed to run, not a conventional line, nor according to his discretion, but according to the courses of grants or deeds, and has materially though unintentionally deviated and the assent thereto is made in error…I should think it open to correction at any reasonable time…..There is doubtless danger in disturbing boundaries, and so there is in giving too conclusive an effect to erroneous surveys, which are unfortunately not of rare occurrence.
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