Afterwards, the sheriff returned a habere facias, which had been issued on Ambler’s judgment, executed by delivering the possession, of so much of the land as he had recovered from John Kercheval, to William R. Beatty, as the attorney of Ambler. Beatty, having immediately left the land, with the avowed intention of putting a tenant on it, and believing afterwards, that John and Franklin Kercheval had tortiously entered upon it in his absence, brought a warrant against them, in the name of Ambler, for a forcible entry, and obtained a judgment, which this Court reversed, on the ground that, as Franklin Kercheval was not a party to Ambler’s ejectment, he could not have been lawfully evicted by the execution which had beep issued upon it, and, that, therefore, he was not guilty of the alleged forcible entry on Ambler’s possession. After the return of the cause to the Circuit Court, the suit having been abated as' to Franklin Kercheval, in consequence of his death, Ambler obtained another judgment for restitution against John Kercheval: to reverse which this appeal is prosecuted.