
    Henderson's Lessee vs. Parker.
    Appeal from Worcester County Court. Ejectment for a tract of land'called Henderson's Beginning. The general issue was pleaded. At the trial the plaintiff, (now appellant,) offered in evidence an original patent, granted oil the 3d of February 1801, to the lessor of the plaintiff, for the land for which the action was brought. The patent recites, that Henderson, on the 15th of April 1799, obtained out of tjie land office for the Eastern Shore, a special warrant to resurvey a tract of land called Pig Pen, originally on tire 16th of July 1750, granted to Robert Davis for 50 acres; that in pursuance of the warrant a resurvey had been made, and a certificate returned to the land office, bearing date on the 15th of February 1800, and that he had paid to the treasurer the sum of =03 17 9, being the full composition due. The plaintiff also produced a witness to prove the payment of the composition money, for the land mentioned jn the patent, in April 1800. The defendant objected both to the patent and parol evidence, as inadmissible and incompetent, because the patent was issued and obtained after the demise laid in the declaration, and after the action was commenced, and during its pendency. The court, [Polk, Ch. J. and Robins, A. J.] sustained the objection, being of opinion that the evidence was inadmissible and illegal, without the production of the certificate upon which the patent issued. The plaintiff' excepted; and the verdict and judgment be» ing against him, he appealed to this court.
    
      The rcfiia) in % ¿vina oftee d-ne ot flit; emTiikiti# of survey, upon vuioh the grant wus» foutderi, ** not •'itííicú nt a »'i~ ti.-nci? of tito time " hen the survey was made. grant of a tract oflaijd «sued after the time of the demise Ind in a declaration in eK-etment Jor the same land, and afear the suit V.his brought, reciting the date of ihe certifícate of .-orw'y to he prior to the timetíf binijúnfy the suit, it vas held, that the grant vas not tuiiiuuit evident ¿/v title, ?.*i‘hout jii’uduoihg the certifícate oí sum.*) upon wlncfe She issueda ■ 1 1
    
      The cause was argued before Buchanan, Nicholson, and Earle, J.
    
      J. Bayly and Whittington, for the Appellant.
    
      Martin, Wilson and W. B. Martin, for the Appellee,
    cited Peake's L. E. 27, 28. Spalding's Lessee vs. Reeder, 1 Harr. & M‘Hen. 187. Hath's Lessee vs. Polk, Ib. 368; and Savory's Lessee vs. Whayland, Ib. 206
      
    
    
      
      
        ) In this last case, the action was brought to April term 1753, at which term the defendant appeared, andón the Util of Septena» her 1753 lie filed his plea.
    
   JUDGMENT AFFIRMED.  