300 CUNNINGHAM v. BROWNING

ham, containing two thousand four hundred and eighty acres and
one-half acre, to be held by the name of Cheviot Dale. The
certificate of survey was returned to the Land Office on the 8th of
January, 1827, and on the same day the caution money was paid.

On the first day of November, 1826, Meshak Browning obtained
from the Land Office, a special warrant for two hundred and ten
acres of land, lying in Allegany county, in which warrant the
description of the location of the land is expressed in these words:
u On or near the head of the North Fork of the Little Crossings,
and at the large spring, called Browning's Spring, and also near
a place called Patke's Pane, and near the foot of the Meadow
Mountain." By virtue of this warrant the surveyor says, in his
certificate, bearing date on the fifteenth day of the same month,
that he had surveyed a tract to be held by the name of Browning's
Hunting Ground, containing two hundred and ten acres, the loca-
tion of which he thus describes: " Beginning in the centre between
two bounded sugar-trees near the head, and on the west side of the
North Fork of the Little Crossings, and south twenty-six degrees
and three-fourths of a degree, west about eight perches from the
head of a large spring, called Browning's Spring, and south five
degrees and one-half degree, east about eight and one-half perches
from a large white-oak tree marked J. C., and running thence north
sixty-three and one-fourth of a degree, east forty-five perches to
a bounded hemlock tree standing at the Panthers' Pen, north sixty-
nine degrees;" and so on, describing a tract lying in the form of a
narrow oblong figure, in about the middle of the one side of which
are found the several marks which denote the place of beginning.
This certificate was returned to the Land Office on the 23d of
March, 1827, and on the same day the caution money was paid.

On the third day of April following, a caveat was entered upon
this certificate of Browning's by James Cunningham. An order
was passed appointing a day for hearing, authorizing the parties
to take testimony before any justice of the peace, on giving notice
as usual, and directing the surveyor to lay down and return a plot
of the lands. Under this order a plot was accordingly returned,
upon which the pretensions of both parties were laid down without
any counter location from either; from which it appears that
Browning's Hunting Ground extends entirely across Cheviot Dale.
Some depositions were also taken and returned; but, as they
develope nothing of any importance, it is deemed unnecessary to
state the feets proved by them.