McAuliffe

This appeal by the defendant is from an order of the superior court citing him to show cause why an execution should not issue on a judgment of said court in favor of the original plaintiff against the defendant for the recovery of the possession of a defined strip of land.

The bill of exceptions shows that in an action of ejectment the original plaintiff recovered a judgment against defendant for the possession of said strip of land on January 14, 1882; that in August, 1890, McAuliffe, who had purchased said strip of land from the original plaintiff and had been substituted for the latter, moved the court for an order that execution issue upon said judgment. The motion was based upon affidavits of Black and McAuliffe and the judgment-roll in said action of ejectment, it appearing by the judgment-roll, however, that the judgment had been fully satisfied by Black (the original plaintiff) on September 12, 1883. But it was stated in Black’s affidavit that the judgment never had been satisfied, and that he was induced to enter satisfaction thereof by false and fraudulent statements of the defendant, to the effect that he had vacated *270 the land and delivered possession thereof to…