586 DUVALL v. WATERS.

Whereupon it is ordered, that the injunction heretofore 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,

19th May, 1829.—BLAND, Chancellor.—This case standing ready
for hearing, and having been submitted on the notes of the defend-
ants' 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 defendant 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, con-
taining fifty-two acres more or less; one tract of land called
Duvall's Pleasure, or part of Duvall's Pleasure, containing one
hundred and fifty acres more or less; one tract of land called
Teukesbury, and a part of Teukesbury and Walkers Delight, con-
taining 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 L Waters, and Samuel Ratcliff; that Ratcliff had conveyed