
    M'Clemens against Graham.
    In Error.
    A survey ionsist,iog of six sides, cm tbve.e of ivIiiqI) there is uo mention of course.or distance, aud by which the quantity Qf land does not appear, & not evidence.
    ERROR tp the Common Pleas of Butler, in an ejectment, in which Graham was plaintiff. He claimed as actual ‘settler, and in order to make out h.is title,offered in evidence a paper purporting tp be the draft of a survey made by James Irvin, deputy surveyor. The survey consisted of six sides, ■on three of which there was no mentionof course or distance: ■neither did it appear what quantity of land was contained in the survey. The evidence was objected to by the defendant, but admitted by the Court, and an. exception taken.
    Baldwin, for the plaintiff in error.
    
      Foster and Ayres, contra..
   Tilghman C. J.

I regret that the plaintiff should be put-fa inconvenience by .an omission of this, kiwi, but I do not see hqw, such a paper can be admitted as evidence of -a survey. AS tp one-half of the lipes, there is no direction of cours.e, nqr any distance.. If the quantity of land- bad been mentioned, fhere might .have been some possibility of making out the sürvey. But ns it stands there is no certainty to. what land the plaintiff would be entitled. I am of opinion, therefore, that.the judgment should.Jye reyersed^nd a venire facias de novo awarded: and in this opinion the late Judge Bracken-ridge concurred, as appears by a note in his hand-writing delivered to me before his death. At the same time I cannot held expressing my hope and belief, that by a careful examination of the deputy surveyor’s papers, the plaintiff will he enabled to produce satisfactory evidence of a survey.

Yeates J. was sick and absent.

Gibson J. concurred.

Judgment reversed, and a venire facias de novo awarded.  