582 DUVALL v. WATERS.

1783, this form of a writ of injunction to stay waste pending an
action of ejectment, appears to have been treated as then well
established ;(m) and I have met with another instance in which an

Coale's Discovery. But that the defendant had, by the fraudulent means therein
stated, caused a certificate of survey of the same land to be made on the 17th of June,
1772; upon which he had obtained a patent; that afterwards this defendant brought
an action of ejectment and obtained a judgment. The bill alleged, that this defend-
ant had been put into possession by the sheriff under a writ of possession; and that
he had issued a c«, sa. for costs, which this plaintiff had superseded; but it is not
averred, or even intimated in the bill, that this defendant had committed, or ever
threatened to commit waste. Yet the bill prayed for an injunction to prevent the said
Job Garretson from committing any waste on the said tract of land called Coale's
Discovery; also to prevent the said Garretson from serving the said execution, or
from proceeding any further on the said judgment; and for general relief, &c. There
was an affidavit, in the usual form, of the truth of the matters set forth; and an
injunction bond.

15th February, 1791.—HANSON, Chancellor.—Issue subpoena and injunction to stay
execution for costs; but not waste.

The defendant on the 14th of December, 1793, put in his answer, by which he
denied all fraud, and also positively denied the legality and validity of the plaintiff's
title, &c.

Some time after which the plaintiff, by his petition on oath, set forth and averred,
that the defendant had cut down and carried away wood and timber growing on the
land in controversy; and still continued to commit waste and destruction upon the
land, &c. Whereupon he prayed for an injunction to stay waste and destruction
upon the said tract of land called Coale's Discovery, &c.

28th October, 1795.—HANSON, Chancellor.—Issue injunction to prohibit waste, &c.
in Coale's Discovery, in Baltimore county, surveyed for Richard Coale agreeably to
the prayer of this petition.

After which the case coming on for final hearing on bill, answer and proofs, it was
on the 25th of May, 1797, decreed, that the injunction be made perpetual, and that
the defendant convey the land to the plaintiff. MS.—In other respects this case
seems to be sufficiently reported in 1 H. & J. 370, 378.

(w) Maryland, to wit:—The State of Maryland to Michael Krips, his agents, hire-
lings and servants, Greeting: Whereas Edward Flannagait of Baltimore county, and
Elizabeth his wife have exhibited unto us in our High Court of Chancery their bill
of complaint for relief in equity, and to stay the commission of waste in and upon part
of a tract ®T land called Mountenay's Neck lying and being in Baltimore county,
pending a certain action of ejectment brought by them the said Edward Flannagan
and Elizabeth his wife, against you the said Michael Krips, as tenant in possession
of said land, or some part thereof, in the General Court of the Western Shore: We
therefore command, and strictly injoin you the said Michael Krips, your agents,
hirelings and servants, and every of them to stay, surcease and forbear digging,
carrying away and removing the dirt, earth and soil of the said land and premises;
or doing or committing any manner of waste, spoil, and destruction thereon, pending
the said suit, or until the further order of the High Court of Chancery. Hereof fail
not, as you will answer the contrary at your peril.

Witness the Honourable John Rogers, Esquire, Chancellor, this 28th day of April..
Anno Domini. I78t. WM. HYDE, Mfg. Cur. Can.

See Old Book of Forms, page 13.