
    GENERAL COURT,
    MAY TERM, 1790.
    Job Garretson’s Lessee against Richard Cole.
    EJECTMENT for a tract of land called the Silent Cyphers of Africa, lying in Baltimore County.
    By the statement of facts, signed by the plaintiff and defendant’s counsel, and submitted to the Court for their opinion,
    It was admitted that Job Garretson, the lessor of the plaintiff, on the 11th of April, 1772, obtained by renewment a special warrant out of the Lord Proprietor’s land-office, by which it appears that a special warrant was granted to John M'-Dsnald, on the 28th of June, 1770, stating that there was about 100 acres vacant lying in Anne Arundel County, and adjoining, or between, a tract of land in the possession of John Brown, a tract of land belonging to 
      John Hall, and a tract of land in the possession of the said John McDonald, caution money for the same having been paid. That the warrant was renewed in the name of the same McDonald, the 10th of December, 1770, for six months, was assigned to Job Garretson, and renewed in his name the 10th of May, 1771, for six months longer, “ with liberty of executing the same on so much vacant laud lying in Baltimore County, and adjoining Sheridine's Discovery, Mount Royal, and a tract called Grinded.” That it was again renewed in the name of Job Garretson, the 10th of November, 1771, for six months longer, and also again renewed the 11th April, 1772, for six months longer.
    That by virtue of this warrant the said Job Ganelson had surveyed and laid out to him the aforesaid tract of land called the Silent Cyphers of Africa, and returned into the land-office a certificate thereof on the 17th June, 1772; which certificate states, that there was “ surveyed for the said Job Garretson a tract of land lying in Baltimore County, beginning, &c. containing 655 acres of land, more or less, to be held of the Manor of Baltimore by the name of the Silent Cyphers of Africa on which certificate was the following endorsement: “ August 3d, 1772, examined and passed.” Also, “ 126 acres of a common warrant assigned to Job Garretson, from Joseph Annals, the 6th of September, 1770, and which is applied to make good rights to so much, part of the within vacancy,” &c. That 21/. 10s. caution money was, on the 13th August, 1772, paid for the vacancy.
    That, in consequence of this warrant and certificate, a grant was issued by the then Lord Proprietary of the Province of Maryland., to the said Job Garretson, for the said tract of land, which patent was issued on the 11th of November, 1775, and recites: “ That Job Garretson, of Baltimore County, hath due unto him 655 acres of land ; 100 acres thereof by virtue of a warrant for that quantity, granted him by renewment the 11th of April, 1772; and he has made good rights to 126 acres more, by applying an assign-merit from Joseph Ennals, of a common warrant for that quantity, granted him the 6th of September, 1770; and for the remaining quantity he has paid the sum of 21/. 10s. sterling caution, according to instructions, &c. of the 12th September, 1712, and 1715, of December, 1738,” and granted to Job Gar ret non the tract of land called the Silent Cyphers of Africa, containing 655 acres, more or less, according to the certificate.
    It was admitted that the tract of land called the Silent Cyphers of Africa was truly located on the plots in the cause ; and, also, that the lines of a tract of land called Grindon, form* rly granted by the Lord Proprietor, on the 6th of October, 1735, to a certain Chehvynd & Co. are truly located on the plots. Thar Job Garretsou entered into the said tract of land called the Silent Cyphers of Africa, and is possessed of ail that part thereof not included within the defence of the defendant.
    It was also admitted that the defendant, Richard Cole, obtained a common warrant on the 12th of February, 1771, for 60 acres; which warrant was regularly renewed from the Lord Proprietor’s land-office, on the 12th of August, 1772, for 60 acres of land ; and by which it appears, the sum of three pounds sterling caution for the same had been paid. By virtue of which warrant, Richard Cole had surveyed and laid out for him a tract of land called Cole's Discovery, (for which he tabes defence,) and returned a certificate thereof to the land-office, dated the 8th of January, 1773. That on the 10th of April, 1775, the said Richard Cole obtained the Lord Proprietary’s grant for the said tract of land, dated the 10th of April, 1775. That the said tract of land, called Cole's Discovery, was truly located on the plots in the cause ; and that Richard Cole, by virtue of his grant, entered upon the said tract and was possessed thereof.
    It is also admitted that on the 22d of January, 1773, the said Richard Cole filed a petition in the Lord Proprietor’s land-office, to prevent a patent issuing on the aforesaid certificate of The Silent Cyphers of Africa, to the said Jdi Garretson; which petition sets forth, “ that a certain Job Garretson had, on the 10th of November, 1771, renewed for him a special warrant for affecting and securing 100 acres of land, adjoining the following tracts, to wit, Sheri-¿line’s Discovery, Mount Royal, and Grindell; that the land whereon the said warrant is located, he, the said Richard Cole, claims as his property.” Wherefore he prayed that no patent might issue to the said Garretson until a hearing. That on the said 22d of January, 1773, the certificate of The Silent Cyphers of Africa was, in consequence of the said petition, endorsed, “ caveated by Richard Cole.”
    
    It was further admitted that' no proceedings were had by the said Richard Cole, nor any thing done by him in prosecution of the said caveat from that time ; and that on the 0th of November, 1775, the said Job Garretson petitioned the then judges of the Lord Proprietor’s land-office for a dismission of the said caveat, and that a patent might issue on his, the said Job Garretson’s certificate ; which petition, setting forth his title to the land, states, that no steps had been taken by Cole to prove his assertion, nor had he called upon him to answer. That the said Cole had removed out of the province to Juniata, a new settled country, an immense distance off. That there would be great difficulty in prevailing on Cole to attend. That the caveat had been long pending; two years and four months longer than it .could legally continue under the rules of the land-office. For which reasons the said Garretson prayed, that a patent might issue to him.
    That in consequence of the said petition the caveat was ordered to be dismissed, and a patent to issue. The lease, •entry and ouster was also admitted.
    Upon the statement it was submitted to the Court, whether the said Job Garretson, under his grant, had title to that part of the land contained within his grant, which also lies within the grant of Cole’s Discovery; and if it should be their opinion that he had a title to that part of the land in the patent of the said Garreison, as aforesaid contained, then judgment for possession and costs to be entered for the plaintiff, according to his pretensions located on the said plots. But if it should be the opinion of the Court that the said Job Garretson was not by his said grant entitled to that part of the land comprised in his grant, which was also within the grant of Cole’s Discovery, then judgment to be entered for the defendant, with costs.
    
      Luther Martin, for plaintiff.
    
      Richard Ridgely, for defendant.
   The General Court gave judgment, on the case stated, for the plaintiff.

The defendant, on the 22d of November, 1802, removed the cause, by writ of error, to the Court of Appeals, where, by the death of Cole, the appellant, the cause abated at Jims term, 1805.  