
    JULY TERM, 1714.
    William Clayland’s Lessee against Daniel Pearce.
    EJECTMENT for a tract of land in Kent County, called Utrick.
    
    It appears by the special verdict found by the Jury, that the plaintiff in this cause claimed title to the land in question, under the will of William Ladds, dated the 20th day of August, 1679, signed, sealed, and published, in the presence of two witnesses only, and proved by them on the 30th of August, 1680. The question for the Court was, whether the will was sufficiently executed to pass the land.
   The Court.

The matter of law insisted on the special verdict, being only on the act of parliament, relating to frauds and perjuries of 29 Charles II. for that it seemed to the Court, that the will was made within two years and a half after the making of the said statute, and before publication, or notice thereof in this Province, and before the making of the act of Assembly, directing the manner of pleading the laws of England in the Commissary’s Court; and also in the infancy of the country, when evidences were harder to come by than now, the Court were induced by these motives to overrule the argument on the said statute.

Judgment for the plaintiff.

Lib. V. D. No. 1. folio 297.  