
    GENERAL COURT,
    MAY TERM, 1793.
    Joseph Williams against John Donaldson.
    THIS was an appeal from the county court of Baltimore, in a case of replevin brought by the appellee for cannon. The pleas were, non cepit, and property. It appears that at the trial of the cause, the plaintiff, Donaldson, offered Hercules Courtenay as a witness, which said Hercules Courtenay had been appointed trustee, by a decree of the court of chancery, to sell and dispose of the real estate of a certain William Neill, deceased, and in the prosecution of the said trust, sold a certain wharf to Nicholas Sluby, under whom the defendant, Williams, claims his interest in the said cannon, which were buried in the said wharf, and were excepted at the time of the sale of the said wharf. The defendant, by his counsel, prayed the opinion of the court, that the said Courtenay was not a competent witness to prove the said facts: but the court were of opinion, that the said witness was competent to prove the said facts. To this opinion the defendant excepted.
    Hollingsworth, for the appellant.
    
      Smith, for the appellee.
   The general court affirmed the judgment of the county court.  