
    HENRY BURBAGE vs. DAZY et al.
    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 affidavit 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.
   The Court

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.)  