282 CUNNINGHAM v. BROWNING.—1 BLAND.

which are found the several marks which denote the place of be-
ginning. This certificate was returned to the land office on the
23d of March, 1827, and on the same day the caution money was
paid.

On the third day of April following, a caveat was entered upon
this certificate of Browning's by James Cunningham. An order
was passed appointing a day for hearing, authorizing the parties
to take testimony before any justice of the peace, on giving notice
as usual, and directing the surveyor to lay down and return a plot
of the lands. Under this order a plot was accordingly returned,
upon which the pretensions of both parties were laid down without
any counter location from either; from which it appears that
Browning's Hunting Ground extends entirely across Cheviot Dale.
Some depositions were also taken and returned; but, as they
develop nothing of any importance, it is deemed unnecessary to
state the facts proved by them.

* BLAND, C., 20th June, 1827.—This caveat standing ready
301 for hearing, and the argument of the caveator's attorney
having been heard, and the notes of Browning's counsel having
been read, the proceedings were thereupon read and considered.

The Chancery Court of England has always been considered as
the prototype of that of Maryland; and, that the one has been in
fact the exemplar of the other, in almost every respect, might be
shewn by a comparison of the various offices, powers, and juris-
dictions of each of them. The Chancery of Maryland, as well as
of England, was originally resorted to as an Officina Brerium.
In cases of scire facias, to repeal letters patent, and in some others,
in which the Chancellor sits as a Court of common law, his authority
is substantially the same in Maryland as in England. As mere
Courts of equity, there is scarcely any difference between the
Court of Chancery of Maryland, and that of England. And the
form of proceeding by caveat, according to which the Chancellor
is now called upon to act, is one which has been derived from the
Chancery of England; and is regulated by forms and principles
similar to those by which the English mode of proceeding by
caveat is governed. It may be well, therefore, for the better
understanding of this, and all similar cases, briefly to review the
mode of obtaining a patent grant for land in England, and in this
State; and the general doctrine in relation to caveats, before the
merits of the case, now before the Court, are taken up, considered
and determined.

The King of England being invested with a limited sovereignty
over the realm, all public property belongs to him in that capacity;
and all lands are said to be held directly or indirectly of him. The
king is also invested with authority to create corporations, to grant
franchises, and to dispose of any lands, or public property, at his