MORGANTON,

SEPTEMBER TERM, 1793.

#### Hayle v. Cowan.

Petition to rectify error in a patent, heard by the Court without Use intm vi-nfiou of a jury j and the error was ordered to be rectifier1 agreeably to the act of Assembly. This was in the case of a royal patent, and Hayle had summoned four witnesses, the dispute being only whether the first line described in the certificate annexed, was really north 54 degrees east, or south 54 degrees east. Mr. Avery then moved, that as two of these witnesses had not been sworn at all, and as there could he but one fact to be established, that the Defendant should not be subject to the payment of these two witnesses : but per curiam, you informed us a while ago, you had a witness summoned who does not attend; these two witnesses not sworn, might be intended to counteract his testimony, and your not producing him might be the reason why they were not called upon; we cannot undertake to say they were to prove the same fact the other two were sworn to — the motion denied per Judges Ashe and Macay.

Note. — Vide Carpenter v. Taylor, N. C. Term Rep. 265.