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AB INITIO
from the beginning.
2. When a man enters upon lands or into the house of another
by
authority of law, and afterwards abuses that authority, he becomes
a
trespasser ab initio. Bac. Ab. Trespass, B., 8 Coke, 146 2 Bl. Rep.
1218
Clayt. 44. And if an officer neglect to remove goods attached within
a
reasonable time and continue in possession, his entry becomes a trespass
ab
initio. 2 Bl. Rep. 1218. See also as to other cases, 2 Stra. 717 1 H.
Bl. 13
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
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. PI.
146. 169. 180.
Source: Bouviers Law Dictionary 1856 Edition
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