8i8 MARYLAND COURT OF APPEALS

he the s^d John his Appeale afd further prosecute but permitts the same to
discontinue According to an Act of Assembly of this Province Entituled An
Act to Limit the Continuance of actions in Severall Courts within this Prov-
ince etc. Therefore by the Direction of the Said Court it is considered that
the s^d James Crooke recover of the s^d John Hyde the Sume of pounds
of tobacco adjudged him by the said Court for his Costs and [342] damages
by him about his defence in that part expended According to the forme of
the Statute in the like cases made and provided And the said John Hyde in
Mercy And the said James Crooke thereof to have execution.

William Gumming J Clk

[DD] Charles Carroll Esq^r v [TB.] Thomas Wells Jun^r

Be it Remembred That here to fore To witt on the twenty first day of
October Anno Domini 1719 were Transmitted from the high Court of
Chancery on the prayer of Charles Carroll Esq^r to this Court the following
proceedings Viz^t

To his Excellency John Hart Esq^r Governour of Maryland and Keeper
of the Great Seale thereof Humbly Complaining Sheweth unto Your Ex⁰⁷
your Suppliant and daily Orator Thomas Wells jun^r of Prince George's
County Planter. That y^r Orator is Seised in fee and fully possest of a planta-
tion and parcell of land lying in Prince George's County being the Norther-
most part of a Tract of land called Amptill Grange upon which he had
made Some Considerable Improvements That a certain Charles Carroll Esq^r
brought his action of trespass and Ejectment in the name of James Hosley
his Lessee ag^t your Orator as Supposing your Orator's Improvements which
he made on the said Amptill Grange to be included within the Bounds of a
tract of land called Enfield Chace belonging to the s^d Charles Carroll Esq^r
and not within the bounds of the s^d Amptill Grange That your Orator took
defence of the same Improvements as being w^th in the bounds of the s^d Land
Called Amptill Grange which was Surveyed the Sixth day of Aug' 1670 being
long before the Survey of Enfield Chace and pleaded not guilty of the Tres-
pass and thereupon a Resurvey was ordered to be made of the Same Land
according to the practice of the Provincial Court in order to lay down and
illustrate the pretensions of eah [sic] party [343] which was made by Benja-
min Berry the Surveyour of the Said County who being Conscious of his own
Unskillfullness or for other Reasons to your Orator unknown took to his as-
sistance in the Survieing and platting drown [sic] of the s^a Lands James Car-
roll of Ann Arundell County Gent the Nephew of the same Charles and upon
the return of Such Platt your Orator and the s^d Charles were at Issue That it
appeared upon the s^a tryall that the Sole Scope of the dispute was concern-
ing the first bounded tree of the land called Amptill Grange which by the
originall Certificate of the s^d Land was mentioned to Stand by the side of
Patuxent River Altho' in truth the same tree Stood Some Small distance