Majority
p. 324HENRY BURBAGE vs. DAZY et al.
Headnote
The writ of estrepement cannot be issued in an action of trespass quare clausum fregit.Trespass quare clausum fregit.
Mr. Layton asked for a writ of estrepement founded on an affida
p. 325
vit that defendants were about to cut timber on his land and trees to pay taxes assessed for the laying out and cutting a ditch, under an order of court. The defendants were ditch commissioners.
refused to award the writ. It is a writ grantable only in real actions, and in the action of ejectment to which it was extended by the act of 1829. (Digest. 167; Higgins’ lessee vs. Phillips, 3 Harr. Hep., 49.)