“This was an ejectment brought to recover a tract of land called the lower or Griffith farm, containing one hundred and seventy-seven acres; and the cause came before the court for judgment, upon a case agreed, with liberty to either party to turn it into a special verdict. The facts stated in the case, and which are material to notice, are the following Joseph Jones being, in February 1814, seised of a tract of land, lying in the state of New Jersey, called the Griffith farm, containing three hundred and eighty acres, of which the premises in dispute are a part, caused the same, together with other tracts of land lying in this state, of which he was seised in fee, preparatory to a disposition thereof, in the way and manner after mentioned, to be surveyed and divided into a number of lots, as delineated upon a certain map made by Samuel Lewis. These lots were of different values, many of the small ones being of little or no value, and none of them worth more than $5.”