BALTIMORE v. McKIM.—3 BLAND. 449

ing, 1 Bland, 299. (c) From the judgment pronounced by the
Chancellor, upon a caveat, there was no appeal to a higher Court

(e) COURSEY v HEMSLEY —At the Land Office in the State House at the
City of Annapolis, Anno Domini 1721.

Present the Honorable Philemon Lloyd, Esquire, his lordship s deputy
secretary of this Province, and sole judge m the determination of all differ-
ences and disputes arising upon land affairs within the said Province

A hearing was then moved for by Mr James Heath, of counsel for Eliza-
beth Coursey of Chester River in Queen Ann's County, and a petition by
him produced, on behalf of her son William Conrsey, a minor and legatee
of Col William Couisey, late of Queen Ann's County aforesaid, Esquire,
deceased Complaining that a certain Vincent Hemsley of Queen Ann's
County, upon the 22d of September, 1720, had obtained, out of his lord-
ship's land efface, a special warrant for the resurveymg of two hundred and
thirty acres of vacant cultivated land which said warrant as the petitioner
afterwards understood, was executed upon the cultivation of a certain tract
of land called Coursey upon Wye, heretofore, that is, upon the 13th of June,
1695, surveyed for Col William Coursey, late of Queen Ann's County, de
ceased, and the said William, in his last -will and testament, together with
a greater part of the tract, being nine bundled and twenty acres in all,
devised unto William Coursey a minor as aforesaid, and that a certificate
of the resurvey thereof had been already returned unto his Lordship's land
office, in order to have his lordship s grant thereupon, according to the
course of the office She, therefore, prayed to be heard by her counsel
against the passing of letters patent upon the resurvey afoiesaad, according
to a caveat heretofore by her lodged in the office for that purpose

But the said Hemsley, by his letters to the above Philemon, alleged an
unpreparedness to come to a hearing at that time, and prayed a continuance
of the cause, wherefore it was thought convenient upon has petition to post-
pone it until the Provincial Court in October following Whereupon James
Heath, of counsel for the petitioner, moved on his client's behalf, that no
further or other process should be granted unto Vincent Hemsley or any
other person in relation to the said tract of land called Coursey upon Wye,
but if any error or defect be found therein, other than that which was
already moved by Vincent Hemsley aforesaid that she might have the
liberty in the pre-emption of his lordship s iavor therein, which was like-
wise granted and ordered accordingly

October Provincial Court being the appointed time for hearing of this
cause, Vincent Hemsley did neither appear by himself nor his counsel, but
sent a petitionary letter urging many great inconveniences, that he must
necessarily labor under if he were obliged to come to a hearing at that time
Wherefore, in favor of justice and to prevent any censures of deciding his
cause unheard, a further time was granted him, and a hearing appointed to
be on the 29th of January, 1721, at the dwelling house of Philemon Lloyd,
the Judge m land affairs aforesaid, as a place convenient unto both parties,
and where it was supposed Mr Hemsley could most conveniently attend

At which appointed time, viz the 29th of January, 1721, both parties ap-
peared, and the complainant then moved, that the said Hemsley's special
warrant, with the certificate of resurvey thereon, made and returned into
his lordship's land office, for two hundred and thirty acres of cultivated
land, part of Coursey upon Wye aforesaid, might be set aside and declared
null and void, and that a minute thereof might be made m the margin of
the record book, where the special warrant aforesaid is recorded Seeing
29 3B.