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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: JOHN A. KRAFT

ATTORNEY FOR APPELLEE: JOHN T. EVANS

Young, Lind, Endres & Kraft New Albany, Indiana

Corydon, Indiana

IN THE COURT OF APPEALS OF INDIANA

JAMES BISHOP, Appellant-Plaintiff, vs. RALPH MCRAE, Appellee-Defendant.

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No. 31A01-0701-CV-50

APPEAL FROM THE HARRISON CIRCUIT COURT The Honorable Susan L. Orth, Special Judge Cause No. 31C01-0505-PL-20

October 19, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BARNES, Judge

Case Summary James Bishop appeals the trial court's adoption of a land survey initiated by his neighbor, Ralph McRae. We affirm. Issues Bishop raises two issues, which we restate as: I. whether the surveyor complied with statutory notice provisions; and II. whether the survey changed and illegally superceded the prior 1890 survey. Facts Bishop owns a twenty-acre rectangular shaped tract of land in Harrison County. Ralph McRae owns the tract of land immediately north of Bishop's land. Bishop and McRae contest the boundary line between these properties. The deed for the Bishop property describes it as follows: Part of the northeast quarter of the southwest quarter of section seven (7), township (5) south, range five (5) east, described as follows: beginning thirty-eight (38) rods and twenty-two (22) links north of the southeast corner of said northeast quarter, running thence north two and one fourth (2

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