ART. 75.] PRACTICE—EJECTMENT. 1133

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.
Parker v. Willis, 60 Md. 16.

P. G. L., (1860,) art. 75, sec. 55. 1872, ch. 346.

79. Where a warrant of re-survey 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 thing necessary to bring the cause
fairly to trial

Ibid. sec. 56. 1872. ch. 346. 1882. ch. 372.

80. It shall not be necessary in the execution of any warrant
of re-survey to locate by actual survey the whole of any tract or
parcel of land; but it shall be sufficient to locate, by actual sur-
vey, the beginning or any call or other object by which the
location of the tract may be proved, and such portion of the
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 examined in the cause; and all other
lines and objects may be located by protraction on the plats by
the party making the survey; and such locations by protraction
when made by either party, shall be conclusive evidence of the
correctness of any object or line so located, unless the same shall
be differently located by the other party either by actual survey
or by protraction; and in case it is so differently located, the
jury shall judge between said locations; and all locations by pro-
traction shall be made by course and distance according to the
description of the lands so located, to be shown and proved by
some patent, deed, or other paper to be given in evidence, and
shall be connected by the course and distance of some title paper
or other competent evidence, with lines and objects located by
actual survey; but in making locations by protraction, the
surveyor may correct by protraction to calls for corners or
objects already located on the plats, either by actual survey or
by protraction, and the surveyor shall hereafter return only three
copies of the plats and certificates of survey; and it shall not be