
    GENERAL COURT,
    OCTOBER TERM, 1800.
    Carroll, et al. Lessee, vs. E. & S. Norwood.
    A tenant ni common an undivided tract of land cannot convey his moiety by courses and distances.
    A deed for part of a tract of land cannot be yead in evidence if de - fence is tricen oft warrant,' unless such deed, ami the courses therein described, Are located on the p],ots,
    Ejectmert, with seven separate demises, for a tract of land called Fates his Forbearance, lying in Baltimore comity. The defendants took defence on warrant, and plots were made,
    The plaintiff at the trial, offered in evidence to the jury a deed from George Fates to John Israel, dated the 5th of July 1712, for a moiety of the tract of land fop which the ejectment was brought, which moiety was described in the said deed by courses and distances. The whole of which said tract had beep devised to the said George Fates, and one John fates, in fee, as tenants in common,
    
      Eidgely and Mason, for the defendants, objected to. the said deed being given in evidence to the jury, because as it conveyed only a moiety of the tract of land, the said moiety ought to have been delineated on the plots returned in the cause,
    
      Martin, (Attorney General,)
    and Key, for the plaintiff, contended, that as the plaintiff was in possession of the whole tract under sundry conveyances, &c. which were produced, it was unnecessary to locate upon the plots a part of the said tract conveyed by any particular deed, although such deed may describe the same by courses and distances,
   Chase, Ch. J,

Can a tenant in common of an Undivided tract of land convey his moiety, describing the same by courses and distances? No. But if there had been a division, and he conveys by expressions, the deed must be located on the plots.

On motion of the plaintiff’s counsel, leave was given by the court to amend the plots; for which pur? pose a juror was withdrawn, &c, and the cause continued until next term, on payment of the coste of this term by the plaintiff.  