The court are of opinion, that there is sufficient evidence to induce the jury to presume that the lands conveyed, and the. lands >n the common recovery, were the same, amt that the resurVey contains no' more land than the original tracts.
The defendants excepted, Yrnlict and judgment for the plaintiff. The defendants appealed to the Court of Appeals. But the case was compromised, and the appeal was dismissed at June term, 1806.