“Seabry brought an ejectment in this court against Ward, and is also plaintiff in an injunction bill to stay waste. The counsel for Ward, after stating that a bill of discovery was intended to be filed in reference to the land in controversy, moved that service of the subpoena upon the solicitor of Seabry, who resides in the state of New York, should be deemed sufficient . . . The bill being afterwards filed, it charged the defendant with fraud in obtaining from the plaintiff a title to the land by introducing it with other property into a lease, by the defendant to the plaintiff, without the plaintiff’s knowledge, and praying that the deed might be delivered, up to be cancelled, and for an injunction to stay proceedings at law. The motion was then renewed.”