MARYLAND COURT OF APPEALS 219

from it That your Orator upon the Tryall made it evidently appear that at
the place where now a plumb tree Stands were your Orator in the Provincial
Court made his pretensions as for the begining of Amptill Grange one
Charles Boteler the Surveyor that originally lay'd out the said Land and
Sundry other Tracts Contiguous thereto bounded a White Oake Tree as for
the first bounded tree of Amptill Grange and that in Some Small time after
being asked why in the certificate of the Survey of the s^d Land he had men-
tioned the s^a Tree as standing by the River Side Which Stood Some perches
from it answered that that Signifyed nothing for that he concluded the Sur-
vey to be bounded by and running as the Said River runneth to the first
bounded Tree or to that effect That at the time when the said Charles Butler
marked the Said Tree one that was with him walked from the said Tree
Towards the river Side and Sliped or knotched Sundry trees as he went many
of which are yet Standing and were fairly proved by your Orator on the
Tryall That y^r Orator likewise proved that the said Originall first bounded
tree had been Seen by Sundry Evidences which your Orator produced at the
barr Viva Voce Standing in the place pretended to by your Orator and was
generally allowed as the hegining Tree without Controversy by those \vhoac
Interest led them to maintain the Contrary That your Orator likewise pro-
duced to the Court by the leave of one [344] Roger Booke [sic] Gent the
Originall platt of the said Land Call Amptill Grange and of Sundry other
Tracts contiguous as aforesaid were originally Surveyed and layd down ac-
cording to y^r Orators pretensions but absolutly contradictory and inconsistant
with those of the said Charles Carroll That altho your Orator had fully
proved his pretensions both by the correspondency of Records by the proceed-
ings of a former Jury upon the Resurvey of the said Land and the best tradi-
tionall Evidence that the length of time cou'd possibly admitt and tho' upon
Controversies your Orator's Said begining tree had been entirely Submitted
to by differing parties Yet so farr was the Jury on the s^d Tryall amused by the
s^a Charles Carroll Esq^r and his Councill at the Barr and by one of the Jurors
(who profest himself a Surveyour) in their Chamber that by Insisting that
because the Certificate of Amptill Grange exprest the first begining Tree
thereof to Stand by the River Side The tree that your Orator pretended to
could not be the begining Tree of Amptill Grange nor that the said Jury
ought to find it So altho' the said Charles Boteler himself was to arise out of
his Grave and affirm it to them alleging that Such finding would be contrary
to The Expression of the certificate And that therefore tho' never So fully
proved they could not find the fact Contrary to that Record And thereupon
prevailed with the said Jury to find a Verdict ag^t your Orator Contrary to
their evidence And the truth of the fact and agt all Justice Equity and good
Conscience to the Surprize of the Court and all others that heard the said
Tryall That your Orator Imediately upon the Jury's giving their Verdict ag⁴
him after a friendly manner requested the Said Originall platt under the