
    *Den ex dem. Snyder against Van Natta and Osmar.
    Application for a special rule for jury of view will be granted where one of the shewers, under the common rule for a view, has been obstructed in running a line.
    This was an action of ejectment for lands in Sussex county. The plaintiff had obtained the common rule for a view of the lines in dispute; but the shewer who attended the jury of view on the part of the plaintiff under this rule, had been obstructed in running one of the lines, which he considered necessary to a full and proper shew of the premises, by a Mr. Youman, who said he owned the land over wh'ich the shewer was about to run the line, and threatened to break the shewer’s compass if he proceeded. Daniel Osmar, one of the defendants, also forbid the shewer •running any further, and said he should not go there, but made no threats. Upon the proof of these facts by afiidavit, the Attorney-General moved for a special rule for a view of the particular line, to the viewing of which the opposition had been made.
    
      JTornblower, for defendants,
    resisted the motion, and read an affidavit stating, that the shewer of the plaintiff was going off the disputed ground on to Mr. Youman’s ground, when Youman forbid him to proceed; and that it was not necessary for the shewer to go on to Youman’s land.
   * Per Curiam.

The party is entitled to the special view. We can nover suffer justice to be defeated by the obstinacy of the party in preventing a line being run. In the groat patent line, to the running of which great opposition was made, a rule of this kind was obtained by the late Mr. Stockton, who was then at tho bar, and the power of tho county went with him. In the Cumberland case, the agent of the plaintiff went to run the lines, and the persons in possession cut his saddle to pieces; the court granted him the power of tho county, and ordered the sheriff to accompany him. There is no doubt of the power of tho court to grant the rule, arid we think it should be granted.

Rule for special view granted.  