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. Rep., 49.)