MARYLAND COURT OF APPEALS 377

and Defend^t by their Attorneys af^d and the said Def^t by his said Attorney
then and there as before defended the force and Injury when etc; and then
said that he was in nowise Guilty of the Premisses as the pl^t above by Declera-
tion Declared and of this put himself upon the Country and the af^d Edmond
likewise Thereupon Command was given to the Sherriff of Annarundell
County that he should immediately cause to come there twelve etc; by whom
etc; who neither etc: to recognize etc; because as well etc; off which s^d Pre-
cept the said Sherriff to witt Henry Lazenby Gent: made return that he had
there ready twelve etc; as by his precept he was Commanded to Witt Henry
Dick, Peter Mercy, James Wyat, James Duke, Christop¹" Granger, Mathew
Collier, James Chairs, W^m Jones, Benjamin Cox, Barton Hungerford,
Thomas Smoot, and William Marlow at which said io^th day of April 1722
Comes as well the afd Pltf: as the af^a Def^t in their proper persons and the
Jury being Sworn as af^d likewise came who to the truth of the premisses were
Elected tryed and Sworn to Say upon which the aforesaid PI¹ for the main-
taining and proving the Def^t to be Guilty of the Trespass and Ejectment as
is above set forth on the part of the said Pltf. then and their to the Jury af^d
gave in Evidence and proved that James Warner was lawfully Seized of the
above land and premisses in the aforegoing Decleration mentioned in fee
simple and that the said Warner duely made and Executed his Last Will and
testament in Writting on the thirteenth day of February Anno Domi Sixteen
hundred and Seventy three and Soon after dyed wherein amongst other
things the said Warner did bequeath unto his Wife Elizabeth Warner all
moveable and Immoveable whatsoever he was then possessed withall and
after her Disposeing only the Plantation and Lands after her days to his the
said Warners Daughter Johannah Sewell and her heirs for ever and not to
be disposed of to none from them but his said Daughter and her heirs forever
and [581] further Plantiff gave in Evidence and proved that the said Johan-
nah was the Mother of the Lessor of the Plantiff and Dyed Seized of the
above mentioned premisses having Issue of her body lawfully begotten
James her Eldest Son and Henry the Lessor of the Pit her Second Son And
the said Plantiff further gave in Evidence and proved that James Sewell heir
at Law to Johannah Sewell Dyed without Issue and that Henry her Second
Son who is now the Lessor of the Plantiff survived and that he the said Ed-
mond by Vertue of the Demise in the Decleration mentioned into the Tene-
ments Lands and premisses with the Appurtenances Entred and was thereof
Possessed untill the af^d Samuel Howard into the Tenements Lands and prem-
isses with the appurtenances Entered and him the said Edmond from his
farm af^d Ejected and other harms to him did do in manner and form as the
said Edmond above by his Decleration hath Alledged and upon this the
said Edmond prayed the Jury who were to try the Issue af^d that they might
give their Verdict for the said Edmond in and upon the premisses And the
af^d Samuel Howard to prove himself not to have been Guilty of the Trespass