234 MARYLAND COURT OF APPEALS

PRINCE GEO: Co: ss: — March 9^th 1716 — The Hon^rble Tho^s Addison
of the said County being Sworne upon the Holy Evangelists Deposeth that
he being Surveyor of the Said County about the year 1696 Was Sent for
by M^r Roger Brooke to execute a Warrant of Resurvey that had been issued
out of the Provincial Court of this Province to resurvey a Tract of land
called Amptill Grange and having run the lines of said Tract and Essington
the lines them took Some of one Andersons Improvements and buildings into
Amptill Grange that Some Small time after There was [363] another Re-
survey on the said Lands and the Deponent Came the night before the resur-
vey was to be made to M^r Rob^t Tylers in ord^r to be near the place that as
Soon's he came there S^d Tyler told the Deponent That Robert Anderson
had been down in Calv^t County and had found one Robert Hobbs who Said
he was at the first Survey of Essington and that Said Hobbs had been out in
the Woods with himself and others and had given them Such proofe to the
last tree of Essington and the first of Amptill Grange that he believ'd was
Sufficient to convince every one that M^r Brooke had been always in the
Wrong as to the bounds of his land telling the Deponent Severall circum-
stances of s^d Hobb's remembrance of the grounds and place of the trees
Standing w^ch the Deponent Very much Wondering at because 'twas So long
Since the land was first Surveyed upon Which M^r Taylor told the Deponent
that if he had not been with them and Seen that they took care not to lead
but follow the said Hobbs to the place he cou'd never have thought the
place cou'd have been So fresh in his memory That the Deponent was after
this Communication w^th M^r Tyler the next Day with the Jury and Sherriff
and Severall others on the Resurvey of the said land that he then heard S^d
Hobbs give his evidence in Words to this purpose that he was wth M^r Charles
Boteler the Surveyor when he first laid out Essington that when they had
run the Courses and distances thereof they came to this place Said he where
we now are and M^r Boteler Sitting down to put up his Instruments Sent me
down to the River to See how farr 'twas off which I did and because I wou'd
not be puzled to find my way back I carried a Hatchett and markt Some
trees as I went and when I came near the River 'twas a Bank where there
was Some Ivy and out of one of the Said Ivy bushes grew a Doggwood which
I lean'd over or against to See which way the River Bore and before I went
back I markt a Hiccory which stood near the Doggwood and Ivy and when
the s^d Hobbs had done delivering his evidence in this manner he went down
to the River and Shew'd as many of the Jury and others as wou'd goe with
him (of whom the Deponent was one) all these things that he had men-
tion'd in his Deposition and also [364] Declared upon his oath That M^r
Boteler asking him of his return which way the River borne Hobbs told him
to the West ward or right hand on which s^d Boteler told him 'twas well Enow
for then the Given line would Soon Strike the River and bid Said Hobbs
bound that tree which he did and S^d Hobbs Swore 'twas either that very tree
at which he was then Sworne or Stood within ten or fifteen yards of that place