Where a sheriff executes aha. fa and delivers the land to the plaintiff’s agent, the possession is the plt’f’s, Sr the fact that he prosecutes a writ of forcible entry, for a subsequent intrusion on the land, is sufficient evidence of the agent’s authority
The return upon a ha. fa. is conclusive between the parties, as to the land held by the def’t when thenoticein eject ment was served. The agent of the plt’f in a ha. fa. having received the possession, retire's and leaves the land; Whether he thus abandons the possession, or not, depends npon the quo animo; and his declarations, at the time, being part of the res gesta, are evidence of his intentions in that respect — If he did not intend to abandon—which a jury may infer from the evidence—the party for whom the possession was received, may, upon his constructive possession, maintain a writ of forcible entry.
First. If the possession was, in fact, delivered by the sheriff to the agent of Ambler, it was Ambler’s, and not bis agent’s, possession, and the warrant was properly sued out in the name and for the benefit of Ambler; because the possession was for his use alone, and was therefore his inlaw and in fact; and the fact that Ambler ratified the agency, by bringing this suit, is sufficient evidence of Beatty’s authority to take and hold the possession for him, in all respects, just as if he had himself been present and acted without the intervention of a representative. Speed vs. Ripperdan, 1 Litt. Rep. 189— 2 Starkie on Ev. 510.