MARYLAND COURT OF APPEALS 545

We find that the S^d Grantee John Cane Assigned the Said Land to John
Godshall in these words following

I underwritten do Assigne and make over unto John Godshall of Charles
County his Heirs Ex™ Adm^rs and Assignes all my Right Title and Interest of
the within mentioned patent [738] As Wittness my hand and Seale this
Twelfth Day of NoV Annoque Dom 1683.

the XA mark
Wittness Rand^o Brant W^m Thompson of John s\. Cane [Seale]

We find that John Godshall was possessed of the Said Land called Saint
Bridgett Thirty two years Since and Continued in the Quiet and Uninter-
rupted possession thereof Untill the 23^d Day of Feb^ry Anno Dom 1710 at
Which time the Said John Godshall by Deed of Bargain and Sale Indented
Duely Executed and Recorded According to the Directions of the Act of As-
sembly in Such Cases Provided Sold and provided the Same Land to the Said
Pryor Smallwood in fee Simple by Vertue Whereof the Said Pryor Entered
into the Said Land and was thereof possessed and Continued in the peaceable
and Uninterrupted possession thereof Untill the Ninth Day of August Seven-
teen hundred and Twenty At Which time the Said Pryor Smallwood Sold
and Conveyed the Said Land to the Said Daniel Bryon As by the De¹ af^d is
Set forth We find that the Distance between the first and Second Bound trees
of the Said Land Called S^t Bridgetts is but three hundred and Sixty perches
instead of five hundred perches mentioned in the Grant thereof that the
Breadth of the S^d Land is Ninety Two perches instead of Eighty and that the
Bounds thereof Contain no more than Two hundred and Seven Acres in-
stead of Two hundred and fifty. We find the Def^t before the Sale of the Said
Land Called S^t Bridgetts to the plf^t caused the first Line of the Said Land to
be run reverse And that the Same Consisting of 500 Perches ran into the
Land Claymed by W^m Hoskins w^ch the Said W^m Hoskins had a Verdict and
Judgm^t for in an Action of Tresspass and Ejectm¹. We find that Thomas
Sanders Sen^r and Nath¹ Magruder Jun¹" are Heirs at Law to John Cane the
Grantee of the S^d Land and that they are in full Life

And if upon the whole matter the Law be with the plf^t We find for him
and Assess Damages to £120...00...00.. Ster^l and 567o^lb of Tobacco but if
the Law w^th the Def^t We find for the Def^e and pray etc.

After the Speciall Verdict Agreed upon the Council for the Plf¹ offered
to the Jury in Agravation of Damages the Cost of an Action Commenced by
him Ag^t W^m Hoskins and Insists that the Jury Ought to take the Same into
their Consideration and Assess the Same in Damages upon the present issue.
Whereupon the Council for the Def^t insists that it appears by the proceedings
that the Recovery between the now plf^t and W^m Hoskins in the plf^u Declara-
ation mentioned is not now in issue before the Jury nor is yet Determined
but under the Consideration of the Prov^l Court And that if the Jury Should
Assess the Said Costs in Damages And that the Defend^t upon the Argument
of the issue upon the Record of the Recovery between Bryon and Hoskins