AB INITIO, from the beginning. 2. When a man enters upon lands or into the house of another by 2. When a man enters upon lands or into the house of another byauthority of law, and afterwards abuses that authority, he becomes aauthority of law, and afterwards abuses that authority, he becomes atrespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218trespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218Clayt. 44. And if an officer neglect to remove goods attached within aClayt. 44. And if an officer neglect to remove goods attached within areasonable time and continue in possession, his entry becomes a trespass abreasonable time and continue in possession, his entry becomes a trespass abinitio. 2 Bl. Rep. 1218. See also as to other cases, 2 Stra. 717 1 H. Bl. 13initio. 2 Bl. Rep. 1218. See also as to other cases, 2 Stra. 717 1 H. Bl. 1311 East, 395 2 Camp. 115, 2 Johns. 191; 10 Johns. 253; ibid. 369.11 East, 395 2 Camp. 115, 2 Johns. 191; 10 Johns. 253; ibid. 369. 3. But in case of an authority in fact, to enter, an abuse of such 3. But in case of an authority in fact, to enter, an abuse of suchauthority will not, in general, subject the party to an action of trespass,authority will not, in general, subject the party to an action of trespass,Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. Pl.Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. Pl.146. 169. 180.146. 169. 180. |
