450 MURDOCK'S CASE.—2 BLAND.

Let writs of subpoena and injunction issue, as prayed by the
said bill of complaint; except that the defendant is not to be en-
joined as prayed to remove the said fence heretofore erected.

son, viz: Ruth Norwood, Elizabeth Norwood, Mary Norwood, and John
Norwood, to them, their heirs and assigns, forever."

Some time after which the testator died, and on the '21st of January, 1772,
his will was proved according to law. By virtue of which devise, these
parties became seized and possessed of the said land as tenants in common,
and used the same accordingly until the year 1785, previous to which period,
sundry valuable improvements had been erected on a part of it by the
plaintiff; that these parties in the year 1784, by their joint labor and ex-
pense, made a public road through the said land, from Baltimore to the
River Patapsco. where they had established a ferry, erected a ferry-house,
&c.: which ferry was carried on by them jointly, and the net profits thereof
divided between them weekly; that on the 12th of November, 1785, these
parties entered into an agreement for a partition, whereby, that part on
which the buildings had been erected was assigned to the plaintiff, and the
other part, adjoining the ferry, was allotted to the defendant, that certain
persons were thereby nominated and appointed to make the division, so that
each should have an equal quantity of wood and land: and to adjudge and
ascertain the difference of soil; and that proper judges should be appointed
to ascertain the value of the buildings on each part, which was to be ac-
counted for in the settlement between the parties; in which division and
valuation, however, the ferry and its appendages, were not to be taken into
consideration, or valued and divided; but to remain as joint property, and
the profits thereof to be equally divided between them: that on the 12th of
December, 1785, the referees awarded, that the defendant should pay to the
plaintiff the sum of £400, for the difference of soil, which sum the plaintiff
agreed to take; that three skilful persons were chosen to value the improve-
ments, who awarded, that the improvements on the plaintiff's part amounted
to £1,290 5s. 2d. and those on the defendant's part amounted to £215 0s. 0d.,
so that the balance due from the plaintiff to the defendant, on account of
improvements, amounted to the sum of 587 12s. 7d. which were exclusive
of the ferry and its benefits: that in pursuance of the said agreement the
parties entered upon, and became severally possessed of the parts of the
tract called United Friendship, according to the division thus made; and
had ever since so occupied and enjoyed the same, except the ferry, which
was then, and had always since, been held by them as tenants in common,
for their joint benefit; that in order to have a final settlement of all their
dealings and transactions, certain persons were chosen and appointed to
arbitrate, settle, and adjust all claims and demands between them, who met
accordingly, on the 15th of June, 1787, and awarded a balance to be due to
the plaintiff of £168 0s. 4d. after allowing and crediting the before men-
tioned sums, awarded for differences of soil and improvements; which ad-
justment was always acquiesced in, and never called in question by the de-
fendant until about the month of May last, that these parties had jointly
held the ferry, and divided the profits thereof weekly from the time it was
established until the 6th of September last, when the defendant, without any
just cause, and in violation of their agreement, had disturbed the plaintiff
in the possession of his moiety, taken the whole to his own use, and prevented
the plaintiff from recovering any part of the profits thereof; that the average