MURDOCK'S CASE.—2 BLAND. 453

On the 14th of May, 1830, the plaintiff tiled his petition, on oath,
with the affidavits of three other persons in support of the allega-

withstanding which the defendant had since bought or leased a piece of
ground, as a landing, about twenty yards below the said acre, in order to
defeat the advantages resulting from the said lease, to the manifest injury
of the plaintiff. Upon which it was prayed that the defendant might be
compelled to abate and stay the ferry so by him lately erected, and be pro-
hibited from erecting any other ferry on the tract of land called United
Friendship than the joint one. which had been previously established; and
that the plaintiff might have such other and further relief as the nature of
his case might require.

To this amended bill the defendant, on the 14th of January, 1798, put in
his answer, in which he said, that he admitted he had. since the service of
the injunction, erected and supported a new ferry over Patapsco River,
on his own part of United Friendship, and had deserted the former ferry;
which was not done with a view to defraud the plaintiff, but to increase the
value of the defendant's own property; that he had purchased, and was then
the sole owner, of two acres of land, on the west side of Patapsco River,
which he used as a landing to his newly erected ferry; that the Baltimore
Company had loosely agreed to lease an acre of ground to these parties, but
this defendant never conceived that any permanent interest was contracted
for as stated, but that it was a matter of temporary accommodation, from
which these parties and all others might be, at any time, precluded by the
Baltimore Company.

On the 39th of March. 1T9S, the plaintiff, by his petition, stated, that it was
necessary for the illustration of the matters in dispute, to have the tract of
land called United Friendship laid down, together with the division thereof,
the improvements on their respective parts, and the ferry. Whereupon he
prayed for an order of survey, &c.

HANSON, C.. 29th March, 1798.—Ordered, that the surveyor of Baltimore
County lay down and return a plot and certificate of any land which he
may be instructed by either party to lay clown, for illustration of the dis-
pute between them.

Under this order a survey was made, and a plot and certificate returned
accordingly; and the commission, which had been previously issued, was
also returned, with the depositions of sundry witnesses, and some docu-
mentary evidence was also returned and filed on the 5th of May, 179S. After
which the case was set down for hearing on the 8th of November, 1798.

But on the 30th of October, 1798. the defendant, by his petition on oath,
stated, that since the return of the commission and the survey, he had dis-
covered that the land whereon the ferry-house, landing, &c. stand, was not
included within the lines of the tract called United Friendship, and that he
had taken it up as vacant land, agreeably to the rules of the land office;
that it was essential to have some additional locations made, which were
not known to him until since the return of the commission. Whereupon
he prayed, that the hearing might be postponed, &c.

HANSON, C., 5th November, 1798.—It is stated to the Chancellor, on behalf
of the complainant, that in executing the order for laying down lands for
illustration, the surveyor hath refused to make out the complainant's illus-
trations on the plots whereon he hath made out, or is about to make out the