
    MAY TERM, 1785.
    
    Hawkins’s Lessee against Middleton and Beane.
    THE General Court determined in this case, that a witness might be asked if A. was in possession of a tract of land ; but not whether he was in possession of a particular part, or of a house, unless located on the plat.
    The question being asked, whether Parson Frazier lived on land adjoining Oxen Creek, which was located on the plat, but no house or place of residence was laid down; the Court determined such question to be improper, because the house or place of residence was not located, and it has a tendency to ascertain the spot of residence.
   Marks of possession laid down may be proved, but no proof can be admitted of possession of a particular part, unless it is located. That a survey was in the nature of a view, and a witness on a view would point out the precise spot. 
      
       The above ease is taken from the notes of the Hon. Jeremiah Town» ley Chase* now Chief Judge of the Court of Appeals.
     