Heath v. . Bishop

72 N.C. 456

Opinion

Reade, J.

In Perry v. Tupper, 70 N. C. Rep., 538, and in the same case, 71 N. C. Rep., 380 and 383, it was decided that a party put out of the possession of land by an abuse of the process of law, is entitled to a writ of restitution as a matter of course, unless some new matter has intervened in the meantime. And that is decisive of this case.

There is no error. This will be certified.

Pee Oueiam. J udgment affirmed.