76 TOWNSHEND v. DUNCAN—2 BLAND.

quenily, all the testimony collected and returned by the auditor
in this case has been taken according to the long and well estab-
lished course, of the Court.

and Henry P. Jowles, the testator of the defendant Dryden, forcibly took
possession of all the lands which had so descended, or been devised to the
plaintiff, and held possession thereof until after he attained his full age, and
recovered the same, from those who claimed under them, by actions of
ejectment. (Cheseldine's Lessee v. Brewer, 1 H. & McH. 152.) That they sold
timber from the land, and took all the rents and profits thereof without
rendering any account whatever, or paying anything for the same; or allow-
ing anything for the support and education of the plaintiff. Whereupon, it
was prayed that the defendants might render an account of the rents and
profits, and the interest thereof, which were or might have been of the
plaintiff's lands: and that the plaintiff might be otherwise relieved in the
premises according to equity.

The defendants answered separately; but all nearly to the same effect.
They admitted that the said Kenelmn Cheseldine had made his will, appoint-
ing guardians to his pretended children; and soon after died seized of several
tracts of land; but denied that he had, or could devise the lands in question
to the plaintiff; because they were held by him, as devisee in tail, from his
father, with remainder over, on failure of issue, to his three sisters; and, he
dying without lawful issue, the lands passed accordingly to the testators of
these defendants. They further admit, that when his alleged father died, he
was about four years of age. These defendants in answer, say, that a cer-
tain Mary Sheppard, the complainant's mother, who lived at the house of his
alleged father, at the time of his death, in a short time thereafter, removed
from it, and quietly delivered possession of the bouse and plantation to
Messrs. George Forbes, Henry P. Jowles, and Thomas T. Greenfield, on be-
half of themselves, and their wives, the devisees in remainder, without any
demand of dower, or other right therein; and that they entered upon, and
took possession of the lands, and received the rents and profits accordingly.
These defendants further admit, that the plaintiff brought an action of eject-
ment, and recovered as stated; but allege, that no actual marriage was
proved on the trial in that action, to have been had between the said Mary
Sheppard and the said Kenelmn Cheseldine, the putative father of the plain-
tiff: that it was given in evidence in that action, on the part of the defend-
ant, that the minister of the parish, where the said Knelemn lived, several
times admonished him and Mary for unlawfully cohabiting together; and
thereupon he informed the minister, that he had been married to Mary by
Parson Scott; who. on inquiry, declared he had not married them; and upon
the said Cheseldine being told of it, and again admonished, he told the min-
ister that they had been married by one Priest Gulick; who, upon inquiry,
also declared, that he had not married them. Whereupon, the minister in-
formed the Governor, who ordered the then Attorney-General to prosecute
him: and he was accordingly presented for unlawfully cohabiting with the
said Mary. Upon which a venire facias was issued against him to answer
the presentment; but, that the Attorney-General entered a nolle prosequi;
and that during such unlawful cohabitation he had declared, he had intended
to marry her, but thanked God he had not done so, swore he never would,
and turned her out of his house, with the plaintiff in her arms; and de-
clared, about five months before his death, she was not his wife; that after
his death she went over to Virginia to procure a false certificate from Parson
Breeton of his having married them; who declared he had not married