586 MARYLAND COURT OF APPEALS

the Year One thousand Six Hund^d Seventy three did Give Grant Bargain
sell Enfeoffe and Confirm the Land in dispute unto Eliz" Wharton wife of
Jesse Wharton in fee simple w^ch same Jesse was then living and that the said
Jesse Wharton Afterw^ds Died the s^d Eliz^a Surviving him We find that the
Said Eliza^a Wharton being so Possessed of the land in Dispute afterw** inter-
married w^th Will^m Diggs by whom she had issue Edw^d Diggs that William
afterw"⁸ Died and that the said Eliz^a After the Decease of the said William
Diggs by her Deed duly Acknowledged and Recorded bearing Date the fourth
day of October in the Year 1697 for the Consideration of Natural affection
towards her son Edw^d Diggs and for his Advancement did Give grant bar-
gain sell alien Enfeoffe and Confirm unto the said Edw^d Diggs in fee simple
the Land in Dispute We find that the said Edw^d Diggs Entered into the said
Land and being thereof Possessed by his last will and Testament Duly Exe-
cuted and Proved bearing Date the tenth Day of Aprill in the Year 1714
Devised and Gave the Land in Dispute unto John Diggs the Lessor of the
Plantiff and to his Heirs and Assigns for Ever. We find that the said Jn^o
Diggs Made the Lease sett forth in the Declaration to the Plantiff John Nel-
son and that the Defend" Beale Ejected the s^d Nelson and Entered into the
Said Land We find that a scire facias issued at the suit of the Lord Proprie-
tary to vacate a Patent of 17^th of September 1666 hereafter mentioned W^ch
was Granted to Walter Beane Upon the Entry of w^ch Scire facias and the
Proceedings that were in the High Court of Chancery of the Province of
Maryland thereon Are the following Words Viz^t: Command was given to the
sherriff of Charles County that, whereas We Dirl hy Our T .etfprs Parent Under
our great seale of our said Province of Maryland bearing Date the 7^th Day
of September in the Year of Our Lord 1666 for for [sic] the Consideration
therein Named Grant unto Walter Beane of our said province Genⁿ a par-
cell of Land Called Durham lying in the woods on the East side of the main
fresh runn of Portobacco Creek Containing and then Laid out for 750 Acres
More or less as by the Grant remaining or record relation being thereunto
had more fully and more large it Doth And may appear Now for that we
had long before that time reserved for our Own Use A Parcell of Land Called
Panguaya Mannor of Which the said Parcell of land is part and the said
Walter Beane being Sensible thereof fraudulently procured our Grant afs^d
to the Deherision of Us and our heirs of the [781] Premisses and the said
Walter being Since Deced We do Command You that by good and Lawfull
Men of Your Bailywick you Make known and give Warning to the Heirs of
the s^d Walter Beane or any Assigns that Claim the Same that they be before
Us in Our High Court of Chancery the tenth of February Next Wheresoever
We shall then be to Shew Cause if any they have Wherefore the Said Letters
Patent of the afs^d as Afs^d Made Ought Not to be revoked and Annulled and
the same into our hands be seized and to Do and receive What our said Court
Shall do or grant to be done in this behalf and how You shall Execute this