326 MARYLAND COURT OF APPEALS

of John Hynson deced Compl^t and John Ward Def^t relateing to a Cause now
depending in the Court afs^d on the 6^th day of November 1720 We caused to
Come before us the severall Evidences produced by the af^d Nathan" Hynson
Gaurd" of the af^d who being all Sworne on the Holy Evangelists of Almighty
God in the presence of the said John Ward def^t Deposeth and sayeth as fol-
lowes Viz^t

The Deposition of Otho Othosen of Cecill County Aged fifty three Years
or there abouts Deposeth and Saith that about twenty years Since M^r John
Hynson Deced did cause to be sett up a Cedar post in the presence of the said
Deponant Lawrence Chrision and Others in the Spott were stood a bounded
hiccory Stump and that the said post was marked with twelve notches And
further this Deponant Saith that it is the post that now stands by Sassafras
River side and at the west side of a Valley in the said John Hynson deced
Pasture and further this Depon^t Saith not.

Taken by us the subscribers the year and day abovesaid.

Ephr" Aug" Herman
Jn^o Jawert

[498] The Deposition of Thomas Prier of Kent County Planter Aged forty
five years or thereabouts Deposeth and Saith that M^r John Hynson did put
up a Cedar Post in the Presence of the said Deponant and Others in the
place were there stood formerly a bounded tree as the said Depon^t was then
informed by the said Hynson and this Depon' Saith that the said Post was
marked with twelve Notches at the request of the said John Hynson and
that it is the very Post that now stands by the side of Sassafras River and
by the side of a small Valey in the said John Hynson deced Pasture and fur-
ther this Depon^t saith not. Taken by us the the [sic] year and day above
Written.

Ephr" Aug^st Herman
John Jawert

The Deposition of Tho^s Boyeth of Kent County Planter Aged fifty
years or thereabouts Deposeth and Saith that twenty five years agoe a Cer-
tain John Stoops father in Law to John Hynson did shew the said Deponant
a bounded Tree Lying down about three or four Perches from the pitch of A
point at the East side of An Island called Hen Island Creek being a Water
Oake which said Oake the said Stoops told the Depon^t was a bounded tree
of Nath" Garretts Land then in the Possession of the said Stoops but
afterwards possess'd by John Hynson Deced and further this Depon^t sayth
that some time after the said Depon^t goeing to the said Oake to the said
Point with the said Hynson and Comeing to the said bound tree asked the
said John Hynson why he did not put a post were the said Tree Lay'd down
the said Hynson then Answered this Depon^t that the said Tree would lay a
great while but some time after the said Tree was burned as the said Depon'
was informed, the said Tree then Lay between a small Cedar tree standing