A defendant, whose land has been sold by the sheriff, under an execution issuing without proper authority, and who has been dispossessed by the purchaser at the sheriff's sale, under summary proceedings before a justice, has a right to have a writ of Restitution and to be put into the possession of his land so sold.
( Perry v. Tupper, 70 N.C. 538; and same case, 71 N.C. 380, cited and approved.)
READE, J.
In Perry v. Tupper, 70 N.C. 538, and in the same case, 71 N.C. 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.
PER CURIAM. Judgment affirmed.