Second. Nor can there be any doubt, on the score of authority, that, to the extent of John Kercheval’s possession when the notice in ejectment yvas served on him, the official return on the habere facias is conclusive between the same parties, as to the facts which it certifies; and the fact that Beatty did not continue on the land, is not, per se, proof of an abandonment of the actual possession; hut the possession in fact having been once rightfully vested, remained, in judgment of law, in Am-bier until a voluntary dereliction ora wrongful eviction. Whether there had been such voluntary abandonment, depends on the quo animo with which Beatty left the land; and his declarations at that time, being a part of the res gestee, were admissible as competent evidence. And if, as the jury had a right to infer, there had been no intentional dereliction, such a constructive possession in fact, as that continuing after the delivery by the sheriff, was sufficient for maintaining a warrant for forcible entry in consequence of any subsequent entry without the consent of Ambler or his agent. Speed vs. Ripperdan supra, and the Kentucky Reports on Forcible Entries and Detainers, passim.