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1782.

RESPUBLICA verʃus SHRYBER et al.

F

ORCIBLE ENTRY.– In this cafe it was refolved, on folemn argument, that title could not be given in evidence by the defendant to prevent reftitution. 8. H. 6 ch. 9. I Burn Juʃt. 411. ʃec. 3.

And M'KEAN C.J. ruled that the wife of the profecutor might be examined as a witnefs to prove the ƒorce, but only the ƒorce ; for, otherwife, the ftatutes might be eluded in fome cafes.

The fame Caufe,

L

EWIS moved in arreft of judgment, on two grounds : 1ft. For that the indictment ftated, ‘‘ that the profecutor was ʃeized ; fo that it might be he was feized at the time of the indictment found, and not at the time of the forcible entry.–2d. For that the indictment ftated ‘‘ that he was ʃeized in his demefne as of fex,’’ and ‘‘ his peaceable poʃʃeʃʃion thereof as aforefaid continued until &c.’’ which is repugnant and inconfiftent, in as much as he could not be both ʃeized and poʃʃeʃʃed at the fame time.

But the court over-ruled objections : And M'KEAN C.J. faid, that the words, ‘‘ his peaceable poffeffion thereof as aforefaid,’’ were furolufage and ought to be rejected.^[♦]