
    JULY TERM, 1714.
    Vide Lib. V. D. No. 1. fol. 300.
    Richard Smith’s Lessee against John Broughton.
    EJECTMENT fora tract of land lying and being in Calvert County, the first part of 1,100 acres, called His Lordship’sfree Gift, part whereof was formerly called Johnson's Fresh, and the other part Angle. Plea non cul. and issue. The verdict was for the defendant.
    Reasons in arrest of Judgment. That the Court with the consent of parties, directed the Jury to find a special verdict to the following effect: That Gabriel Goulden was seised in fee-simple of 100 acres of land, called Angle, in the declaration mentioned, and being so seised made his will and testament in writing, the 15th February, 1664, and died without heirs. That the escheat patent to the plaintiff of the land in dispute, is dated 2d May, 1713. Which verdict the Jurors in contempt of the Court neglected and refused to give, but in opposition to the Court returned a general verdict. That the Court ought to award a venire de novo. Judgment on the verdict of non-suit.
    
      T. Macnemara, for plaintiff.
    
      T. Bordley, for defendant.
    MAY TERM, 1716.
   RULED that all returns made by any sheriff in ejectment without being upon oath, be received as good proof of the service of such ejectment.  