An inspection of the map, at this point, will enable us to understand the grounds on which the suit was contested.  The Orchard Farm was granted to Endicott, as has been stated, July 3, 1632, by the General Court.  The grant states the bounds on the south and on the north to be two rivers; on the east, another river, into which they both flow; and, on the west, the mainland.  Where this western line was to strike the rivers on the north and south is not specified; but the natural interpretation would seem to be, in the absence of any thing to the contrary, that it was to strike them at their respective heads.  The evidence of all persons who were conversant with the premises during the life of the Governor as connected with the farm was unanimous and conclusive to this point; that is, that he and they always supposed that the west line was, as drawn on the map, from the head of one river to the head of the other; that the farm embraced all between them as far up as the tide set.  It was objected, on the other side, that this made the farm much more than three hundred acres; but as an offset to that was the fact, that a considerable part of the area was swamp or marsh, not usually taken into the account in reckoning the extent of a grant, and the additional fact, that the language of the General Court in reference to quantity was not precise,—­“about” three hundred acres.  At the same date with the grant to Endicott, the General Court granted two hundred acres to Mr. Skelton, which tract is given on the map.

As has been stated, the General Court conferred upon the towns the exclusive right to dispose of the lands within their limits, March 3, 1635.  On the 10th of December of that year, the town of Salem granted to Robert Cole the tract of three hundred acres subsequently purchased by Emanuel Downing, which is indicated on the map.  On the 11th of January, 1636, the grant of three hundred acres was made to Townsend Bishop.  Its language is unfortunately obscure in some expressions; but it is clear, that the tract was to be four hundred rods in length, one hundred and twenty-four rods in width at the western end, and one hundred and sixteen rods at the eastern.  At the north-east corner it was to meet the water or brook that separated it from the grant to Skelton; and it was also to “but” upon, or touch, at the eastern end, the land granted to Endicott by the General Court.  After the grant to Bishop, the town, from time to time, made grants to Stileman of land north of the Bishop grant.  Stileman’s grants adjoined Skelton’s at the north-eastern corner of the Bishop farm.  That part of Stileman’s land had come into possession of Nathaniel Putnam, and the residue westwardly, together with the grant to Weston, into the possession of Hutchinson, Houlton, and Ingersol.  Still further west, the town had made grants to Swinnerton.  Their respective locations are given in the map.  The point of difficulty which gave rise to litigation was this: