MARYLAND COURT OF APPEALS 54¹

Said Indenture was Duely and Legally Acknowledged by the Said Pryor
Smallwood and Elizabeth his wife and Inrolled Amongst the Records of
Charles County as by the S^d Indenture relation be thereunto had may more
fully appear And the Said Daniel Protesting that the Said Pryor hath not
performed fullfilled and keept any thing in the Said Indenture above Con-
tained on the Part and behalf of the Said Prior to be performed fullfilled
and keept According to the form and Effect of the Said Indenture the Said
Bryon in fact Saith that at the Time of the Sealing and Delivery of the Said
Indenture he the Said Pryor did not Stand firmly Seized in his Demesne of
a fee Simple in the af^d Land and premisses by the Said recited Indenture
Granted and that the Said Prior Smallwood at the Time of Sealing and De-
livery of the Said Recited Indenture had not full and absolute Power to Sell
and Assure the Same According to the form and Effect of his af^d Covenant in
the Said Recited Indenture above Contained. And the Said Daniel further in
fact Saith That he the Said Dan^l was by vertue of the Said recited Indenture
Seized of the Said Lands and premisses called S^t Bridgetts and that a Certain
W^m Hoskins having Long before the Makeing and Execution of the Said In-
denture by the Said Prior as af^d a Lawfull right and Title of an Estate in fee
to Sixty Seven Acres Parcell of the af^d Tract of Land and Premisses called
S^t Bridgetts did after making of the Said Indenture as af^d and before the Im-
petration and Exhibition of this writt in Charles County af^d Enter upon the
possession of the Said Daniel unto the Said Sixty Seven Acres Part of the Said
af^ll Tract of Land called Saint Bridgetts and mentioned in the S^d above re-
cited Indenture to be granted to the Said Daniel as af^d Whereupon the Said
Daniel in order to recover the Possession and Seizin of the Said Sixty Seven
Acres Parcell of the S^d Tract called S^t Bridgetts was Oblidged to Commence
and Did Actually Commence an Action of Trespass and Ejectment at the
proper Costs and Charges of him the Said Dan^l Ag^t the Said William which
Said Action being at issue did at the Assizes held for Charles County on the
Twenty first Day of September in the year One Thousand Seven hundred
and Twenty Come to a tryall at which Said Tryall the Jury Elected and
Sworn to try the Cause af^d did Say that the Said William was not guilty of
the Trespass and Ejectment as the Said Daniel Ag^t him had Complained as
by the Record of the Said proceedings in the Prov^l Court remaining may ap-
pear by force and vertue of which Said Verdict the Said William keep the
Said Daniel out of the S^d possession and Seizin of the S^d Sixty Seven Acres
part of the Said 1 ract of Land by the S^d recited Indenture Granted to the S^d
Daniel by the S^d Pryor as af^a Contrary to the form and Effect of the S^d Inden-
ture and Warranty therein Contained with this that the Said Daniel Will
Averr That the Title right and Interest of the Said William of and into the
Said Sixty Seven Acres [735] Part of the aforesaid Tract of Land is more
Antient than the Title Right and Interest of the S^d Daniel unto the Same and
thus the Said Pryor his Covenants af^d hath not tho often requested keept but