550 DUVALL v. WATERS.—1 BLAND.

Eden Inj. 209; Anonymous, 1 Ves. Jun. 93; Calvert v. Gason. 2
Scho, & Lefr. 561; Coale v. G-arretsgn, ante 581, note. In this in-
stance, however, the injunction seems to have been extended
rather beyond the bounds of the case presented by the bill itself;
as to so much therefore it will be dissolved, or rather circumscribed
within its proper limits.

* Whereupon it is ordered, that the injunction heretofore
586 granted in this case, in so far as it prohibits the removal of
any timber or wood which had been cut and severed from the land
prior to the service thereof; and also from cutting and taking away
timber or wood necessary for the repairs of buildings or fences,
and for the use or proper cultivation of the land, be and the same
is hereby dissolved; and that in all other respects the same be and
is hereby continued until the final hearing or further order.

After this the original and principal case was brought before
the Court.

BLAND, C., 19th May, 1829.—This case standing readj for hear-
ing, and having been submitted on the notes of the defendants'
solicitor, and no one appearing on behalf of the plaintiff before
the end of the sittings of the term according to the rules of the
Court, the proceedings were read and considered.

Samuel Peach, having obtained a judgment at law, in Prince
George's County Court, against this defendant Nathan Waters,
sued out a fieri facias, which was levied on certain parcels of land
as his property; whereupon the sheriff, at April Term, 1827, of
that Court, made a return in the following words: " Made by sale
to Doctor Charles Duvall on the thirtieth day of December
eighteen hundred and twenty-six, of all the interest of the de-
fendant in and to the following parcels of land; to wit, one tract
of land called Pastures Enlarged, containing two hundred acres
more or less; one tract of land called Osbourne's lot and part of
Pleasant Grove, containing fifty-two acres more or less; one tract
of land called Duvall's Pleasure, or part of Duvall's Pleasure, con-
taining one hundred and fifty acres more or less; one tract of land
called Teukesbury, and a part of Teukesbury and Walker's De-
light, containing one hundred and fifty acres more or less; and a
tract of land called Friendship, containing one hundred and eighty
acres, the sum of thirteen hundred and fifty dollars, which has
been paid to me by the said Charles Duvall, and by me paid to the
plaintiff's attorney."

This return constitutes the commencement of the title of the
plaintiff upon which he rests his pretensions. He alleges, that the
defendant Nathan Waters, by a deed bearing date on the 17th of
February, 1824, conveyed the lands mentioned in this return to
Nathan I. Waters, and Samuel Ratcliff; that Ratcliff had conveyed