590

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

extent of bis
title
22 Md 420.

tent of such title, though other plaintiffs may be joined who have
no interest, or may have parted with their interest.

30 Md 294
Id s 52
1852, c 177, s 2
Patent to lie
presumed
10 Md 130, 17
Md 14; 26 Md
462. 27 Md 604,
30 Md 410, 417,
549, 32 Md. 355

20. In all actions at law where the title to land is in question,
it shall not be necessary for any party to any such action to prove
that the lands in controversy have been patented; but a patent
shall in all cases be presumed in favor of the party showing a title
otherwise good; and actual inclosure shall not be necessary to prove
possession, but acts of exclusive user and ownership other than in-

User and owner-
ship evidence of
possession

closure may be given in evidence to the jury to prove possession;
provided, that nothing contained in this section shall affect for the

To what titles
not to apply

period of fifteen years any previously existing laws relating to the
title to lands held in any part of the State, which were granted for
military service.

Id s 53
1852, c 177, s 3
Warrant of re-
survey

21. No warrant of resurvey shall issue in any action of eject-
ment, unless the court shall be satisfied that there is a dispute
about the location of the lands claimed in said action, nor shall
any issue in other actions, unless there is a dispute about the loca-
tion of the lands for the injury of which damages are claimed, or
unless the court shall be satisfied that plats are necessary for illus-
tration.

Id s 54.
1852, c 177, s 4.
Same

22. In any action where the parties hold or claim under the
same title the lands in dispute, no warrant of resurvey shall issue,
except in cases where the parties claim different parcels under the
same title, and it appears to the court there is a dispute about the
location of the divisional line or lines.

1872, c 346.
Party applying
for warrant to
make location
of claim first

23. Where a warrant of resurvey shall be issued in any action
of ejectment, or other action, the party applying for such warrant
shall first make the location of his claim and pretension, and such
other location as he may think necessary to bring the cause fairly
to trial.

1872, c 346
In execution of
warrant of re-
survey, what to
be located.

24. It shall not be necessary in the execution of any warrant of
resurvey to locate by actual survey the whole of any tract or parcel
of land, but it shall be sufficient to locate by actual survey the be-
ginning, or any call or other object by which the location of the
tract may be proved, and such portion of lines connected therewith
as may be necessary to show the parts of the land in controversy,
and the questions to be tried and proved by witnesses to be ex-
amined in the cause, and such lines as may be necessary to connect
and illustrate the points or objects to be proved, and all other lines

When location
by protraction
to be prima facie
Evidence.

and objects may be located by protraction upon the plats, if di-
rected so to be, by the party making the survey, but the other party
may require any other objects or lines to be located by actual sur-
vey or protraction, if he shall desire the same; and such location by
protraction, when made by either party, shall be prima facie evi-
dence of the correctness of any object or line so located, unless the
same shall be differently located by actual survey; but all locations
by protraction shall be made by course and distance, according to
the description of the lands so located, to be shown and proved by