
    OCTOBER TERM, 1766.
    M‘Keel's Lessee vs. Woolford.
    Ejectment for Timber Point, lying in Dorchester county.
    The question was, whether a disseisseo could devise lands of which he was disseised?
    
      Johnson, for the Defendant,
    contended, that lands could not be devised at common law; and were only deviseable by statute or particular custom. — 32 Hen. VIII. ch. 1. 34 Hen. VIII. ch. 5. Plow. 344. 1 Mod. 27, 217. Bro. Jib. tit. Devise, pi. 15. 1 Rol. Jib. 378, pi. 3. 1 Salk. 237. Hob. 746. Law of Devises 135. Co. Litt. 49, 39 H. VI.foL 18. That the devisor must die seised. Plow. 485. 1 Lev. 18. Cro. El. 530. Fifagib. 225. 2 Burn. 534.
    
      Goldsborough, (Attorney-General,) contra,
    cited 2 Vern. 679. Flow. 344. Law of Devises, 86. Co. Lit. 8. h 48. b. 94. b. 49. b. That there was a difference between being disseised,and being out of possession. — 1 Bvrra 60, 105, lOi'. Disseisin at Election is very different from actual disseisin. — 3 Cro. Car. 303. Roll. Ah. 661. 1 Burr. Ill, 112.
   He said that tbe case of Col. Mason vs. Spalding, was the first case, wherein a deed of bargain and sale executed off the land, was held to be void. That after purchased, land will not pass, unless the will is republished — ho cited 1 Font. 207, Mote. If the devisor has an equitable estate in lands, they will pass by general and sweeping words in a will. — 1 Cha. Ca. 39. 2 Ch. Ca. 144. Mosley 262. 123. 1 Vez. 437, 494. Pr. Ch. 320. 2 P. Will. 629. 1 Bro. Rep. 226, 227. There is no disseisin unless there be an actual expulsion. — Co. Litt. 181. 1 Salk. 246. The consequences of actual disseisins, considered as such, continue law to this .day. The disseisee cannot dispose or devise; the descent takes away his entry.: — 1 Burr. 112.

The Plaintiff suffered a nonsuit. 
      
      
         October term, 1730. See ante page 484.
      
     