
    GENERAL COURT,
    MAY TERM, 1802.
    Peddicoart’s Lessee vs. Rigges.
    Where a dedd defectively acknowledged by a feme covert grantor was held not to pass a title in the land to the grantee,
    Ejectment for a tract of land called The Invasion, lying in Anne Arundel county. The defendant took defence for all the land included in the deed .. , him from William Pedchcoart, and Sophia his wife, as located on the plots returned.in the cause.
    The plaintiff at the trial, offered in evidence a patent for the land called The Invasion, granted to Adam 
      
      Barnes on the 24th of September 1747, for 1187-acres, which is truly located on the said plots. He also proved that Jldam Barnes, the grantee of the said land, executed a deed to Sophia Feddicoart, on the 22d of October 1764, for 131 acres, part of the said land, whereby he conveyed to the said Sophia Peddi-coart, and the heirs of her body lawfully begotten, for ever, the said laud, which said land is truly located on the plots. He also proved that the lessor of the plaintiff is the issue in tail and heir of the body of the said Sophia Feddicoart.
    
    The defendant then offered evidence that the said Sophia was married to William Feddicoart, and that they executed a deed to the defendant on the 9th of J une 1778 
      
      , for a moiety of the tract of land called The Invasion, which said deed was acknowledged as follows, viz: “Baltimore county, 9th day of June 1778, then came before us, two justices of the peace for the county aforesaid in the state of Maryland, the within named William and Sophia Feddicoart. and severally acknowledged the within indenture to be their act and deed, and the land and premises therein mentioned to be the right and estate of the within named James Rigges, his heirs and assigns, for ever. Taken and acknowledged, according to the act of assembly in that case made and provided, before us, the day and year above written.
    
      John Cradock,
    
    
      Richard Cromwell
    
    The said deed was duly recorded on the 19th of Jun'e 1778, in the records of Anne-Arundel county, having a certificate annexed by the clerk of Baltimore county court, that Mess. Cradock and Cromwell were justices of the peace, &c. duly commissioned and sworn.
    It was proved that the said William Feddicoart, and Sophia his wife, were both dead before the bringing the present ejectment.
    Whereupon the plaintiff prayed the opinion of the court, and their direction to the jury, that the said deed from the said William Peddicoart, and Sophia his wife, did not bar the plaintiff from his recovery in this action.
    
      Martin, (Attorney General,) for the Plaintiff.
    
      Ridgely and Shaaff, for the Defendant.
    
      
       The first act of assembly which directed that a common deed of bargain and sale should operate in the same manner as a common recovery to bar an estate tail, passed in June 1773, ch. t.
    
   Chase, Ch. J.

. . The court are of opinion, that the deed from William Peddicoart, and Sophia his wife, to the defendant, does not bar the plaintiff in this case; and they direct the jury accordingly. The defendant excepted.

Verdict and judgment for the plaintiff. The defendant brought a writ of error, but nonprossed it at No-yember term 1804. 
      
      
         Duvall, J. concurred.
     