
    [357] [*] VANMATER against REAL.
    OH CERTIORARI.
    In trespass for pulling down a house, plea of title ousts the justice of jurisdiction.
    The action below was an action of trespass, for breaking and entering the house of the plaintiff below, and with force of arms pulling down the house, and otherwise injuring the property of the plaintiff. The defendant below, on the return of the summons, appeared and filed a plea of title to the house, &c., and tendered a bond in conformity to the statute in such case required, and prayed that all proceedings before the justice be stayed. The justice however, disregarded the plea and bond, and proceeded to try the cause, and the plaintiff below had a verdict and judgment. The justice gave the following reason for proceeding after the filing the plea and tendering the bond — “ That he was of opinion the plea of title did not justify the pulling down the house, and exposing the property of the plaintiff while in peaceable possession; that a landlord after putting a tenant in possession, hath not any right to enter by force, and turn the tenant’s property out of doors, without due course of law.”
   By the Court.

The justice has mistaken the law; it was not a question of right, but of jurisdiction. The [*] action below was nothing more or less than an action of quare clausum fregit; the defendant plead title and tendered a bond; this, by the express word of the statute, ousted the justice of any further jurisdiction in the cause. Whether the defendant below did right in entering the house, and pulling it down, and injuring the property of the plaintiff, was to be tried by another tribunal provided by law.

Judgment reversed.

Cited is Gregory v. Kanouse, 6 Halst. 62.  