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.