472 MURDOCK'S CASE.

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

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 improve-
ments had been erected on a part of it by the plaintiff; that these parties in the
year 1784, by their joint labour and expense, 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, ad-
joining 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 accounted 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 o
December, 1785, the referees awarded, that the defendant should pay to the plaintif
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 improvements, 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 Os. Od.; so that the balance due from th«
plaintiff to the defendant, on account of improvements, amounted to the sum o
£537 12s. 7d. which were exclusive of the ferry and its benefits; that in pursuance
of the said agreement the paities entered upon, and became severally possessed o
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 Os. 4d. after allowing and cre-
diting the before mentioned sums, awarded for differences of soil and improvements;
which adjustment was always acquiesced in, and never called in question by the
defendant 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 viola-
tion 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 monthly profits of the ferry amounted tc
£35 or £40, to one-half of which the plaintiff was entitled.

Whereupon it was prayed, that the defendant might be compelled to execute deed
of partition, according to the terms of the said division; that the defendant be or
dered to account for the rents and profits of the ferry; that the plaintiff might b
quieted in the possession and enjoyment of his half-part thereof; and that he might
have such further and other relief as the nature of his case might require; and the
a writ of injunction might be granted, directed to the defendant, 'commanding him