Davis

The plaintiff is not entitled to any relief against the judgment in the action for forcible entry and detainer, or as against any proceedings resulting from it. The recovery in that action did not in any respect depend upon the title to the land, or upon the fraud alleged to have been perpetrated by defendants in entering it at the land office of the United States, or upon the judgment in the district court.

The law will not permit a party to take forcible possession, even of his own lands, if they are in the peaceable, though *208 wrongful possession of another, and, if he does so, he will not only be compelled to restore the possession, before his title will be investigated, but will also be punished by fine, and. a further judgment for treble damages for his own infraction of the laws: Forcible Entry Act, secs. 9, 10 and 12.

In an action for forcible entry and detainer, the title is in no respect in question. A court of equity cannot relieve a party from the consequences of a forcible and unlawful attempt to redress his own wrongs. The real object of this action is to relieve the plaintiff from the judgment against him in the action for forcible entry and detainer, and…