Beale v. Digges

EJECTMENT for a tract of land called Durham lying Jn Charles County. At the trial of the cause, the following special verdict was found, to wit: We find that Cecelius Lord Baltimore, on the 7th day of September, 1666, in pursuance of a certificate bearing date the 10th day of December, 1663, did grant the lands in question to Walter Bean, the father of Eleanor, one of the lessors of the plaintiff, who by his last will, bearing date the 12th day of April, 1670, did devise the same to the said Eleanor and her heirs. That Charles Lord Baltimore (the said Eleanor being under age, and after the decease of the said Walter Bean) did surmise and set forth, that the said land was a reserve formerly laid by his Lordship of the manor of Panguya. (a) Whereupon he sent a scire facias out of the High Court of Chancery, returnable the 10th day of February, 1673, directed to the widow and heirs of the said Walter, to appear in the said Court of Chancery, to shew cause why the said patent should not be cancelled, as lying within that reserve.

That the widow of the said Walter appeared in the said Court, by her son-in-law, Matthezv Hill, on the 10th of February, aforesaid, and without any defence on the behalf of the orphan. The said Matthew Hill delivered the said patent to the Court; whereupon the said Court decreed the same to be cancelled, and of no force. That the said Eleanor, or her mother on her behalf, preferred a petition to Charles ²⁷ Lord Baltimore, (the said Eleanor