
    OCTOBER TERM, 1730.
    Mason’s Lessee vs. Smallwood.
    Ejectment for part of a tract of land called Christian Temple, lying in Charles county. Mm cut pleaded* and issue joined. Verdict and judgment for the plaintiff. Appeal to the Court of Appeals.
    
      E. Jenings, for Plaintiff.
    
      Camming and Buckingham, for Defendant.
    Judgment affirmed in the Court of Appeals at April term 1732.
    
      Goldsbarough, in his argument in M‘Keel vs. Woodford,. at October term 1766, stated, that in this case, (Mason vs. Smallwood,J it was first decided that a deed of bargain and sale, executed off the land, was held to be Void,
    
      S. Chase, in his argument in Helms vs. Howard, at October 1784, (in M. S.~) observed, that no person could make a deed of bargain and salé if not in actual possession at the timé of the- sale. If not in possession, the deed must be sealed upon the land, upon an entry, for that purpose, for the entry put the party grantor into possession and purges disseisin — 2 Inst. 672. Carteri 161. 3 Lev. 312, 387, 388. 1 Lev. 270. Cro. Elia, 4S3, pi. 19; 446, 447, pi. 1. 2 Rep. 24, a. 54, a. 2 Co, 31. JVoy.73. Co. Lit. 49, a. 48,6.214,0. The case of Col. Mason and Smallwood, the first case in which it was determined that if bargainor was not in possession of the land sold, the deed of bargain and sale was void. Shep. T. 218. 1 Bac. Jib. 274, 275 — any freehold in possession, reversion, or remainder, upon an estate for life or yeai's, or in soil, may be bargained and sold — • 9 Vin. Jib. 448, pi. 17; 449, pi. 19. 1 Wood Conv» 715» Co, IAt. 15, 6. 9 Vin. 449, pL 19.
     