The Count thereupon the Jury
that the plaintiff could not sustain his action
without proof of posession to October
1803, and that in this case the posession
of one spot that in the rear if syus
enclosed tot could not be considered posession
of the adjacent ground in the rear of
Lot-(meaning the lot purchased by
of Berees -and laid down in the aforesaid place
in the lot of Bercees) which ground in rear of his he held and
claimed all the time under an adverse claim
which was the only part of which the defendants had even
taken posession, and over which they the ancestor of the
defendants had claimed and excercise of ownership
and had been reputed to be posessed of before and even
since the date of the said Petition

To this instruction the defPlt. by his counsel
exacts and pays that this his bill of exceptions
may be made part of the record which is ordered
accordingly