228 MARYLAND COURT OF APPEALS

the River and that it was not farr off the said Boteler asked the said Hobbs
which way the River run he told him to the right hand vipon which the said
Boteler ordered the said Hobbs to bound the above said Tree which accord-
ingly the said Hobbs did whilst the said Boteler made up his Instruments
and the Deponent asked the said Hobbs upon his oath how came Charles
Boteler to bind up the last tree So farr from the River Seeing the Certificate
S^d the tree Stood by the River the Said Hobbs answered he asked Charles
Buttler the Same question and the Said Buttler Answered it was no matter
but bid him bind that tree for he knew by the banks and the Soon hitt the
River and the Dep" Asked the Said Hobbs if the Said Buttler did not Come
up the next day or in a fore days after and bounded another tree nearer the
river the Said Hobbs answered no for the Said Buttler made up his Instru-
ments at the tree and went to his boat and went home and Come no more
aSurveying in those parts that year and the Dep^o further Declares if he heard
the Said Hobbs renew the Said Words upon his Oath before a Jury when
M^r Thomas Addison was a Surveyor and M^r Tho^s Greenfield Sen^r Sheriff and
this Dep" further Says that ab^l twenty years ago he Saw that bounded white
oak or one Very near it Sworn to by M^r Clement Hill and Abraham Clark
w^ch was bounded by order of the Jury upon Andersons resurvey to prove
the beginning tree of amptill grange for M^r Roger Brooke at the Same time
the Dep^o Asked Rob^t Anderson whether there was any other tree bounded
nearer the River for the last tree of Essington that he knew of [356] besides
the tree Sworn to by Hobbs and he answerd no Except abounded white oak
that Coll^o Beall bounded for the Said Anderson when he laid him out a per-
cell of land out of the Said Essington upon the bank Side near Larkin's wad-
ing place and the Dep^o further Declares that Col. Beall Swore to the Same
Jury that Charles Bottler abovesaid told him the Said Beall the Same Tree
Sworn to by Hobbs was the last tree of Essington and at the Same time
George Burgess of Ann Arundell County Swore the Same as Coll^o Beall had
done to the Same Jury tho he had been Shewn the Same Tree for the last
three of Essington.

Robert Tyler

Intorogatories put by the Def^t to Robert Tyler Gent in the Cause De-
pending in the high Court of Chancery between Thomas Wells Compl^t and
Charles Carroll Esq^r Defendant.

\^et Whether Hobbs was sworn by any Commission out of Chancery.

2^d Whether the then propretors of Enfield Chace where by at that
time and if they were whether they Cross questioned Hobbs.

3^d how far from the River did the tree Stand w^ch Hobbs pretended to
prove.

4. How Came Assington to be Extended aboutc juu pciches from the

place where Hobbs Swore to, to a place in patuxent at the distance aforesaid.