TRESPASS, q. cl. Verdict for the defendant. The boundary line between the parties and the location of a corner were in dispute. A witness called by the defendant was permitted to testify, subject to exception, that on a survey of the line made by him the plaintiff's brother was present and did not object to his taking the corner to be at the place where the defendant claimed it to be, and for this cause the verdict was set aside.

BLODGETT, J., did not sit.