“ Among other causes of reversal, assigned by Mr. Livingston, was the following:
That the court ought to have directed the depositions of the witnesses to have been taken in writing, and cannot now supply the defect by a statement from the judge's notes. ”

“ The defendants in support of their plea of title, file and produce the following documents: 1. The royal cedule. 2. The law of the United States granting 600 yards round the fortifications to the corporation. 3. Sundry plans, showing that the premises were contained within the boundaries of the land granted by those acts, and were, moreover, alluvial soil. They also examined witnesses, but their depositions were not taken in writing.
The judge considering the cause as one of equity jurisdiction, proceeded to hear the cause, and decreed that the injunction should be made perpetual. ”