232 MARYLAND COURT OF APPEALS

of his Right to one John Boyd by a Speciall Warrantee but before the Dep^o
Sold the Said Land he went to one Rob^t Anderson to Enquire if he could
Shew him the bounds of the Said Amptill Grange who told the Dep^o that he
could Shew him the first tree w^ch was a white oak but a fair bounded tree
w^ch an Eagle had built in and he believ'd had kill'd the tree and Anderson
Shew'd the Dep" the Said Tree w^ch Did Stand in the Same place where the
plumb tree now Stands the Dep^o Asking Anderson how he knew the tree
to be the first Amptill Grange he answered that Coll. Beall told him Charles
Boteler who was then Surveyor and took up the Said Land) Saw that was the
tree but afterwards there arising a Dispute between the Deponent and Said
Anderson ab^l the bounds of Said Amptill Grange the Dep^o brought an
Ejectment against the Said Anderson and a Jury was ordered to Assert the
bounds w^ch Jury wou'd not allow the Said White oak to be the first tree of
Amptill Grange w^th out better proof because the Said tree Stood not Close on
the River Side So the Jury — and — Sheriff made return to the Provinciall
Court that the Said Anderson was a trespasser ——— in the Said Amptill
Grange and the Deponent Expected to have A Judgment upon the Said Re-
turn but before the Provinciall Court the Said Anderson heard of one Robert
Hobbs who Could prove the aforesaid white oak where the plumb tree now
[361] Stands and petitioned the Judgments might be Delay'd and that he
might have a Jury to Examine Evidences w^ch was granted and the Second Jury
was brought before when the Said Hobbs did Swear that he was with Charles
Boteler at the taking up of Essington who ordered him to bound the Said
White oak for the last tree of Essington and Swore he then bounded that
Very tree or another w^th in ten yards of it for the last bounded Tree of Essing-
ton and Shew'd the Jury Such other Slip'd and Notched Trees which the
Said Hobbs did swear he Slip'd and mark'd at the taking up the Said Land
that the Jury thought it Sufficient proof for the bounds of the Said Amptill
Grange and further this Dep^o that he did endeavour to put by the Hobbs's
oath by offering that it was above twenty year[s] before and the Place then
not Seated and ask'd how Hobbs cou'd now find the Said white oak who
answer'd that he cou'd not be mistaken and going down to the bank of the
River with Some of the Jury and Severall others Shew'd them the tree he
lean'd against upon the bank Side to See the River w^ch Some of them that
went to See the place told me was a Doggwood and an Ivy bush grew out of
the root of it and Likewise that a Hiccory Stood Just by w^ch he notch'd when
M^r Boteler Sent him to the River to See how the River bore and Severall
Slip'd Trees w^ch he Slip'd at that time either going to or Returning from
the River w^oh he Saw to the Right hand and further the Dep" Saith not.
Sworn before us.

Thomas Clagatt.

Patrick Hepburn