Davis

The petition states that the relator brought an action of ejectment against R. C. Brooks et al., tenants of the relator holding over after the expiration of their lease. That one Edmond Brooks “forcibly .entered” upon the land pending the litigation and ‘ ‘ ousted the said defendants therefrom. ” That Edmond Brooks, so being in possession, assumed the defense of the action, and by collusion with said R. C. Brooks filed an answer in his name denying all the material allegations in the complaint, and pleaded as a special defense the entry and ouster by Edmond Brooks under paramount title. It is further stated that the relator recovered judgment in said action on the 24th of November, 1863, for the possession of said premises; that Edmond Brooks moved for a new trial in the name of R. C. Brooks, and on denial of the motion appealed in his name to the supreme court, where the judgment was affirmed. That a writ of possession duly issued on said judgment and was delivered to the defendant on the twenty-sixth day of July, 1865, who refused to execute it on payment of fees.

*318 The answer admits these facts, in effect, and states by way of avoidance that after the ouster of R. C. Brooks…