
    14 Oct. 1818.
    A man turn’d out by a writ •'othrb fapos. issued on a judgment to which ne was neither party or privy, can-nc, succeed in a motion lor restitution,while he is in pursuit of ills remedy by warrant of forcible entry.
    STEPHENS vs. CHILES.
   The Chief Justice

delivered the opinion of the court.

We are of opinion that the circuit court erred in this case, in sustaining the motion of Chiles for a restitution of the premises, inasmuch as it appeared he was in full pur» suit of another remedy, which he has a right to maintain.

The judgment awarding restitution, must be reversed with costs, and the cause remanded, that the motion may be dismissed with costs.

[Judge Logan thought Chiles was entitled to restitution, and that he had not abandoned that right by the warrant of forcible entry j  