CUNNINGHAM v. BROWNING.

native of putting or withholding the great seal, a direct appeal, in
caveat cases, is thus rendered unnecessary; and, as regards the
rights of the State, nugatory if not entirely improper.(e)

When a patent has been finally authenticated, by having had
the great seal affixed to it, there can be no proceedings in the
Land Office, by caveat, in relation to it, the Chancellor's legal
jurisdiction in that form, as keeper of the great seal, having been
thus entirely cut off;(/) except in the case of a patent obtained in
secret trust for a survey or. (g) After a patent has been thus finally
passed, it is, before its being delivered, recorded together with the
certificate, assignment, petition, and order on which it was
granted.(h) But it must be recollected, that all cases of caveat on
the Eastern Shore are there brought before the judge of the Land
Office for the Eastern Shore, from whose judgment there is an
appeal allowed to the Chancellor, (i)

(e) Land Ho. Ass. 496.—(/) Land Ho. Ass. 495.—(g) 1789, ch. 35, s. 2.~(&) Land
Ho. Ass. 495.

(i) 1795, ch. 61.

WILLING v. WRIGHT.—25th May, 1802.—HANSON, Chancellor.—This is the case
of an appeal to the Chancellor from the decision of the judge of the land office of
the Eastern Shore. The act of assembly, creating the place of the said judge, and
giving an appeal from his decision, not having directed in what manner the appeal
shall be prosecuted; but a transcript from the register of the said office, to the regis-
ter of this office, of proceedings in the case of Evans Willing against Sowan Wright,
having been here filed; and the said Wright praying the Chancellor to take order in
the case, for the purpose of bringing it to a final decision; the Chancellor, on delibe-
ration, passed an order on the 6th day of March last, to be served on the said Wil-
ling. In case of such service, and the appearance here on this day of Willing, in
person, or otherwise, the Chancellor, according to the said order, was to proceed to
an examination and decision. In case of such service, and no appearance, the
Chancellor, according to the said order was to dismiss the appeal.

Now here, this day come both parties. Willing acknowledges the due service of
the order, and does not say otherwise, than that he is ready for a decision.

On examination of the said transcript, and of certain papers mentioned in it, the
Chancellor perceives no reason, wherefore he should reverse the decision. Indeed
the transcript is so defective, that he can scarcely perceive what were the points of
dispute. However, there is nothing in it to show, how Willing, the camatw and
appellant can possibly be injured by Wright's obtaining a patent, and although it Is
very unusual with the Chancellor to give an opinion on a point of law, he does not
hesitate to concur with the judge's opinion, on what appears the great point, viz.:
the construction of Panter's will to Hall. The point indeed is so plain, as not pos-
sibly to admit of a doubt amongst lawyers.

Upon the whole, it is adjudged, ordered and decreed, that the order and adjudica-
tion of Thomas I. Bullett, judge of the land office of the Eastern Shore of Mary-
land, in the case aforesaid, of Evans Willing against Sowan Wright, made on the
24th January 1801, be and it is hereby affirmed, or that the appeal of the said Wil-
ling from the said order and adjudication, is hereby dismissed; the Chancellor being

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