AB INITIO

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AB INITIO


AB INITIO, from the beginning. 2. When a man enters upon lands or into the house of another byauthority of law, and afterwards abuses that authority, he becomes atrespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218Clayt. 44. And if an officer neglect to remove goods attached within areasonable 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. 1311 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 suchauthority 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.146. 169. 180.

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