anonymous Pas Ann B R release of plaintiff be a contempt burr the plaintiff in  ejectment be a mere nominal person and trustee for the lessor and if he  release the action or if a action be bring in his name for the mean profit and  he release it he have be commit for contempt per holt c j b b to assign the  death of the nominal plaintiff for error be a contempt more v Goodright Str in  astin v Parkin burr the follow description of the nature of this action be  give from the unanimous opinion of all the judge the nominal plaintiff and  casual ejector be judicial to be consider as the fictitious form of a action  real bring by the lessor of the plaintiff against the tenant in possession  invent under the control and power of the court for the advancement of justice  in many respect and to force the party to go to trial on the merit without be  entangle in the nicety of plead on either side the lessor of the plaintiff and  the tenant in possession be substantial and in truth the party and the only  party to the suit the tenant in possession must be duly serve and if he be not  he have a right to set aside the judgement if after he be duly serve he do not  appear but let we judgement go by default such judgement be carry into  execution against he by a writ of possession Salkeld er p there be no  distinction between a judgement in ejectment upon a verdict and a judgement by  default in the first case the right of the plaintiff be try and determine  against the defendant in the last case it be confess a action for the mesne  profit be consequential to the recovery in ejectment it may be bring by the  lessor of the plaintiff in his own name or in the name of the nominal lessee  and in either shape it be equal his action the tenant be conclude by the  judgement and can controvert the title consequent he can controvert the  plaintiff possession because his possession be part of his title for the  plaintiff to entitle himself to recover in a ejectment must show a possessory  right not bar by the statute of limitation this judgement like all other only  conclude the party as to the subject matter of it therefore beyond the time  lie in the demise it prove nothing at all because beyond that time the  plaintiff have allege no title nor can be put to prove any as to the length of  time the tenant have occupy the judgement prove nothing nor as to the value  and therefore it must be prove in all case how long the defendant enjoy the  premise and what the value be and that the time of such occupation by the  defendant be within the time lie in the demise vide also burr Bl Com term Rep  t r ejectment be under the control of the court and may be manage by they to  answer every purpose of justice and convenience Fairclaim v Shamtitle burr roe  v lee Bl entry forcible