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.

The Provincial Court gave judgment on the special verdict for the plaintiff. Vide Lib. I. O. No. 1. folio 399.

A special verdict was found, stating that Thomas Ger rard was seised in fee of the premises on the 26th of February 1671. That his eldest brother and heir at law, Justinian, by his will dated the 4th August 1682, devised to his wife Sarah all his lands, &c. in

The Provincial Court gave judgment on the demurrer for the defendant. The plaintiff appealed to the Court of Appeals, and that Court at July term, 1723, affirmed the judgment. *40 OCTOBER TERM, 1720. ORDERED, that the copy of Thomas Ropers' certificate for four

The Court. The matter of law insisted on the special verdict, being only on the act of parliament, relating to frauds and perjuries of 29 Charles II. for that it seemed to the Court, that the will was made within two years and a half after the making of the said

Audita q.uereta brought to avoid a ca. sa. issued in the name of the defendant against the plaintiff, on the 10th of July 1717, bearing teste on the 18th of April 1717, the said Henry having died on the 20th of June 1717. Demurrer. Bulany, in reply, cited Bro

The court awarded a venire de novo.

THIS was an appeal from Calvert County Court on a scire facias brought against Freeland,, as administrator of Ball, to have execution of a judgment against the intestate. He pleaded plene administravit generally. Replication and the Jury find for the defendant.

The defendant appealed to the Court of Appeals. At July Term, 1716, in the Court of Appeals, the cause was entered struck off*