
    GENERAL COURT,
    OCTOBER TERM, 1796.
    George Scott’s Lessee against Barbara Ollabaugh.
    THIS was an ejectment for part of a tract of land called Cornucopia, lying in Washington, brought in the county court and removed to the general court by a writ of certiorari, on the part of the defendant. Defence was taken on warrant.
    The defendant, at the trial of the cause, produced Charles Beatty, a witness, to prove that John Murdock, then surveyor of Ft ederick county, in the year 1764, told him that in makingthe surveyofthe landcalled The Resurvey on Mount Pleasant, Nottingham and Fellowship, and that some of the lines of Welldone run line and line with some of the lines of the above-mentioned tracts of land. That John Murdock also showed him the plot .of his running and his field notes; and that he believes She plot produced is the same which John Murdock 
      then showed him. And the defendant also offered evidence to prove the land in this plot contained, was the game }an(j was located on the plots returned in this cauge>
    The defendant then offered to give this plot in evidence to the jury to corroborate the evidence of the said Charles Beatty, touching the declaration of the said John Mwdock, as to the original running of the lines, and to show the actual running of the lines of the said land at the time of the survey thereof.
    To this the plaintiff objected, because the same has never been located upon the plots returned in the cause, and, therefore, no oppor unity given to the plaintiff to contest the truth or correctness of the said plot.
    
      Martin (Attorney-General) and Mason, for the plaintiff.
    
      Key and Shaaff, for the- defendant.
   The Court

overruled the objection, and determined that the plot was proper to be given in evidence to the jury.

To this opinion the plaintiff excepted, and appealed to the court of appeals. ~

The court of appeals, at June term, 1800, affirmed the judgment.  