MARYLAND COURT OF APPEALS 231
Declar'd upon his oath that he was with Charles Boteler then Surveyor at
the first laying out of Essington and carrying the Chain Saw all the trees
bounded but Could Swear to none except the first and Last of them wcn he
Knew by the remarkable places they Stood in and the Said Hobbs went to
the Said Bounded tree wch was a white oak and laid his hand on it and de-
clar'd upon his oath that he bounded the Said tree for the last bounded tree
of Essington or one within ten foot or ten yards of the Same place which he
knew by a Glayd and Some Trees he had markd to know it by again and like-
wise Some mark'd Trees wch the Said Hobbs had taken Notice of by the River
Side (to witt) a Doggwood at the root of wcn grew out an Ivy bush that he
leaned again when Charles Boteler Sent him to See how far the River was
off and at his return he told the Said Boteler that he had Seen the River wch
was not far off and Botteler Asking him wcn way the River runs Hobbs told
him to the Right hand upon wch the Said Boteler ordered the Said Hobbs to
bind the afd Tree wch he the Said Hobbs did while the Said Boteler made
up his Instruments the Depo asking Hobbs upon his oath why Charles Boteler
bounded the last tree So farr from the river Seeing the Certificate Said the
Tree Stood by the River Hobbs Answered that he ask'd Charles Boteler the
Same Question and Boteler Answered him twas no Matter but bid him bind
that Tree for he knew by the banks and the length of the line they had come
down that the Same Course wou'd Soon hitt the River and the Depo Asking
Hobbs if Said Boteler did not come again the next day or some few days
after and bounded another tree nearer the River Hobbs answered no for the
sd Botoler made up his Instruments at the sd tree and went to his boat and
went home and come no more a Surveying in these parts that year and the
deponent further Declares that he heard the said Hobbs afterwards renew
the Same Words upon his oath before a Jury when Mr Thos Addison was
Surveyr and Mr ThoB Greenfield Senr Sherr. [360] and this Deponent further
Sayth That about twenty years agoe the bounded white oak or one very near
it Sworne to by Mr Clement hill and Abraham Clerk which was bounded
by ordr of the Jury upon Anderson's resurvey to prove the begining tree of
Amptill Grange for Mr Roger Brooke and at the Same time this Deponent
asked Robert Anderson whether there was any other tree or not bounded
nearer the River for the last tree of Essington that he kew of and he an-
swered no except a bounded white oak to Coll Beall bounded for the Said
Anderson when he laid him out a parcell of land out of the said Essington
upon the Bank Side near Larkin's Weading place and further Saith not
Sworne before us
Thos Clagett: Patrick Hepburn
March 5th 1716
PRINCE GEORGES COUNTY ss. Roger Brooke of the Said County Gent
aged about forty four years being Sworn upon the Holy Evangelists Saith
that he was possess'd of a Tract of Land Called Amptill Grange and dispos'd
|