PATTERSON v. M'CAUSLAND.—3 BLAND. 55

The difference between exogenous and endogenous plants.

The concentric layers of wood in the trunk of an exogenous tree, being, as
it has been said, an annual production, shews its age, and the progress
of its growth.

Assuming that the concentric layers in the trunk of a tree do thus indicate
its age; and then assuming, that trees, in general, do enlarge by a suc-
cession of annual concentric layers of a certain thickness, the ages of
other trees similarly situated may be thus ascertained.

But there being no proof, that the number of concentric layers in the trunk
of a tree do correspond with the years of its age, as otherwise authenti-
cated, the hypothesis, that the formation of each one of such concentric
layers is evidence of the lapse of a year, cannot be judicially received as
evidence for any purpose.

THIS case arose on cross caveats in the land office. Joseph W.
Patterson and Evan T. Ellicott, who are admitted to have been
the legal holders of the tract of land called Litten's Fancy, by vir-
tue of a warrant of a resurvey of that tract, claim the land in ques-
tion under a certificate of resurvey, bearing date on the 6th of
November, 1829, as a part of a tract called Litten's Fancy En-
larged. And they allege, that all the land taken in by their resur-
vey was, in truth, contiguous vacancy. Robert M'Causland claims
the tract of land called M'Causland's First Attempt, under a certifi-
cate of survey, dated on the 12th of November, 1829, made by
virtue of a common warrant; which land is altogether included
within the survey called Litten's Fancy Enlarged.

Each of these parties caveated the certificate of the other; and
under an order, obtained for that purpose, plots of the resurvey of
those tracts of land, with others for illustration, were made; and
the depositions of witnesses were taken, and the whole returned
and filed. From which it appeared, that there was a considerable
space between the original tract, called Litten's Fancy, and that
called M'Causland's First Attempt; that the tract called Long
* Fought and Dear Bought, which was laid out on the 21st
of April, 1788, laid to the northward of them both and ex- 70
tended entirely from the one to the other; and that the tract called
Jolly's First Attempt, which was laid out in the year 1791, laid to
the southward of them; and, in like manner, extended from one
to the other. The certificate of Jolly's First Attempt, calls for a
black oak, at one point, a white oak at another, and a white oak
at a third; which calls having been shewn and proved by wit-
nesses, the lines of that tract were extended to those boundary
trees accordingly, as the law required, whereby that tract has not
only been made to border upon but, to some extent, to interlock
with the tract called Long Fought and Dear Bought, so as to leave
not the least vacancy contiguous to Litten's Fancy, over which a
resurvey could be extended from it, so as to embrace any part of
M'Causland's First Attempt.