
    GENERAL COURT,
    OCTOBER TERM, 1799.
    Hammond, et al. Lessee vs. Sheredine.
    Ejectment for a tract of land called « The Rcsnrvey bn part of TVbod’s Inclosure,” lying in Frederick county, The defendant took defence on warrant, and plots were made and returned.
    The plaintiff at the trial, read in evidence a certificate of survey' made for and in the name of John Howard, ■ ón the 5tK of March 1753, for the land in question. The defendant then offered a witness to prove that the said John Howard was a deputy surveyor at the time of tho said survey, and that he never surveyed the- land for which the said certificate was returned, ami whereon a, patent bad been granted.
   But the Court refused to permit the evidence to bo given to the jury,

On motion, leave was given to amend the plots, and the case was continued. It afterwards abated by' tho, -death of the defendant. 
      
      
         ) This point again decided in the. case of Hammond vs. Norris., May 1803,
     