estates, rights. The taking possession of lands by the legal
2. A person having a right of possession may assert it by a
peaceable entry, and being in possession may retain it, and plead that it
is his soil and freehold, and this will not break in upon any rule of law
respecting the mode of obtaining the possession of lands.
3 Term Rep. B. R.
295. When another person has taken possession of lands or tenements, and
the owner peaceably makes an entry thereon, and declares that be thereby
takes possession of the same, he shall, by this notorious act of ownership,
which is equal to a feodal investiture, be restored to his original right.
3 Bl. Com. 174. 3. A right of entry is not assignable at common law. Co.
Litt. 214 a. As to the law on this subject in the United States, vide
Buying of titles, 4 Kent, Com. 439 2 Hill. Ab. c. 33, 42 to 52, also,artic
le ReEntry, Bac. Ab. Descent, G, 8 Vin. Ab. 441.
4. In another sense, entry signifies the going upon another mans lands
or his tenements. An entry in this sense may be justifiably made on
anothers land or house, first, when the law confers an authority, and
secondly, when the party has authority in fact.
5. First, 1. An officer may enter the close of one against whose person
or property he is charged with the execution of a writ. In a civil case,
the officer cannot open (even by unlatching) the outer inlet to a house, as
a door or window opening into the street 18 Edw. IV., Easter, 19, pl. 4,
Moore, pl. 917, p. 668 Cookes case, Wm. Jones, 429, although it has been
closed for the purpose of excluding him. Cowp. 1. But in a criminal case, a
constable may break open an outer door to arrest one within suspected of
felony. 13 Edw. IV., Easter, 4, p. 9. If the outer door or window be open,
he may enter through it to execute a civil writ, Palin. 52, 5 Rep. 91, and,
having entered, he may, in every case, if necessary, break open an inner
door. 1 Brownl. 50.
6. - 2. The lord may enter to distrain, and go into the house for that
purpose, the outer door being open. 5 Rep. 91.
7. - 3. The proprietors of goods or chattels may enter the land of
another upon which they are placed, and remove them, provided they are
there without his default, as where his tree has blown down into the
adjoining close by the wind, or his fruit has fallen from a branch which
overhung it. 20 Vin. Abr. 418.
8. - 4. If one man is bound to repair bridge, he has a right of entry
given him by law for that purpose. Moore, 889.
9. - 5. A creditor has a right to enter the close of his debtor to demand
the duty owing, though it is not to be rendered there. Cro. Eliz. 876.
10. - 6. If trees are excepted out of a demise, the lessor has the right
of entering, to prune or fell them. Cro. Eliz. 17, 11. Rep. 53.
11. - 7. Every traveller has, by law, the privilege of entering a common
inn, at all seasonable times, provided the host has sufficient
accommodation, which, if he has not, it is for him to declare.
12.- 8. Ever man may throw down a public nuisance, and a private one may
be thrown down by the party grieved, and this before an prejudice happens,
but only from the probability that it may happen. 5 Rep, 102 and see 1
Brownl. 212, 12 Mod. 510 Wm. Jones, 221, 1 Str. 683. To this end, the
abator has authority to enter the close in which it stands. See Nuisance.
13. - 9. An entry may be made on the land of another, to exercise or
enjoy therein an incorporeal right or hereditament to which he is entitled.
Hamm. N. P. 172. See general Bouv. Inst. Index, h. t., 2 Greenl. Ev. 627,
Source: Bouviers Law Dictionary 1856 Edition
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