State v. State
Headline: Court approves Red River boundary survey report, fixes commissioners’ pay, and orders the three parties to share and advance the survey costs under the 1923 decree.
Holding:
- Requires the three parties to pay survey costs in shares set by the 1923 decree.
- Fixes $8,937.50 and $11,525.00 as commissioners’ compensation.
- Orders reimbursement and a $694.25 balance to Kidder.
Summary
Background
A report was filed on March 14, 1927, by the boundary commissioners about work along the south bank of the Red River. The report described the survey, marking, and mapping from the eastern limit of Lamar County, Texas, to the eastern boundary of the State of Oklahoma. The work was done under a prior court decree dated March 12, 1923 (261 U.S. 340).
Reasoning
The Court approved and adopted the commissioners’ report showing the work done, the time employed, and the expenses incurred. It fixed the commissioners’ compensation at $8,937.50 for Arthur D. Kidder and $11,525.00 for Arthur A. Stiles. The Court directed that the expenses shown in the report and the allowed compensation be charged as part of the costs in the case and borne and paid by the three parties to the cause in the proportions specified by the 1923 decree. The parties are to be credited for amounts they have already advanced, and they must advance additional sums to cover the allowed compensation and the $694.25 balance due to Arthur D. Kidder for expenses he paid.
Real world impact
The ruling requires the three parties to pay the survey costs in the shares set by the earlier decree. It establishes specific pay amounts for the two commissioners and orders reimbursement and further advances to cover those sums, including a remaining $694.25 owed to Kidder.
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