600 ANDREWS v. SCOTTON—2 BLAND.

The time for bearing this matter, with the leave to tafee testi-
mony, was, by an order of the 26th of November, 1822, extended
to the second day of January following. After which, the case
was again brought before the Court, and on motion,

JOHNSON, C., 8th January, 1823.—Ordered, that the surveyor of
Anne Arundel County lay down any land that may be directed by
either of the parties, for the; better illustration of the matter in
controversy; and to ascertain the land and the quantity thereof,
that was sold by the trustee.' And that depositions be taken on
the survey, that either of the parties may direct.

Under this order the surveyor laid down the lands as directed,
and on the 19th of March, returned a plot and certificate of the
surveys he had made; and the parties having filed sundry deposi-
tions taken under the previous order, the matter, was brought on
for hearing.

JOHNSON, C., 17th April, 1823.—It is alleged by the petitioner,
that Ashur Foulke, the trustee, under a decree for the sale of the
real estate of Stephen Scotton, sold to the petitioner part of a tract
of land called Duvall's Delight, supposed to contain one hundred
and forty acres, at $11 per acre; that at the time of the sale, the
trustee represented a piece of woodland, on the north side of the
said tract of land, as part of the said tract called * Duvall's
633 Delight that he believes that the lines of the several neigh-
boring tracts of land run into and take off a great part of the
woodland; and that the woodland was the principal inducement
to his purchasing. As the property did not, according to the alle-
gations contained in the petition, correspond with the representa-
tion made by the trustee, it is prayed that the sale may be set
aside or annulled.

Preparatory to a decision, an order passed for laying down the
land that was sold, as well as any other land that might be deemed
by the parties necessary for the illustration of the matter in con-
troversy.

On examining the plot returned by the surveyor, it appears that
the trustee has laid down the land which he sold to the petitioner,
and this location is not counter-located; and therefore admitted
to be the land purchased. The quantity is one hundred and forty-
one and three-quarter acres, of which three roods are within the
lines of a deed executed by Charles Carroll to Humphrey Hogan,
on the 16th of July, 1723.

It seems to appear that Charles Carroll was the owner of the
whole of the tract of land, which was conveyed by him to different

persons; and before it can be known whether the three roods are
the property of those claiming under Hogan, or belonging to the