
    CONSTITUTIONAL COURT,
    CHARLESTON,
    JAN. 1804.
    Shoolbred v. Vanderhorst.
    An original grant called for a certain creek as a boundary, and referred to the plat annexed, for the shape and boundaries of the land generally ; and the plat represented the creek as a boundary, and also certain bluffs as situate on the creek. Upon the resurvey it appeared, that the bluffs, (which were identified,) were not situate on the creek, but upon a marsh, some distance from the creek, which was probably mistaken for the creek on the original location and survey; and that the original marked line could not he traced further than to the bluffs: also, that both the bluffs and creek, could not be established as boundaries, consistently with the apparent intent of the grant. It was determined that the bluffs should be established as boundaries, and the creek was rejected as a boundary not found.
    Morion for a new trial. Trespass to try titles to land, situate on Kewaw island. Verdict for the defendant. Tried before Johnson, J. in Charleston district.
    The principal question in this case was, whether, as the grant called for Kewaw creek, now known by the name of Kewaw river, it was necessary to go to the river, and establish that as the boundary, when, by doing so, it would be necess.-ry to abandon certain bluffs, or points of land, described in the plat, and lying on a small mud flat, or creek, which appeared to have been mistaken for the Kewaw river, or creek; or, whether it was not more proper to confine the plaintiff to the said points, so laid down in his plat, as natural metes, and establish the small creek, or mud flat, as the boundary, instead of the river, or creek, expressly culled for.
    Ward, for motion. Passer, centra,
    
   The court were of opinion, the grantee ought to be confined to natural points noted and established, as extreme or terminating points in his plat and grant; though another natural boundary may be called for, if it appears the surveyor has not gone to it, and both cannot be established.

New trial refused.

Present, Johnson, Trezevavt, and Brevard, Justices.-.  