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1 Wright 94

Pitford v. Armstrong

Ohio Supreme Court

Decided September 15, 1832

Ohio Supreme Court · decided 1832-09-15

Trespass, quare clausum fregit, assault, &c. Plea: 1. Not guilty. 2. That the act was done in defence of the possession of defendant’s house.

Decided 1832-09-15

BY THE COURT,

¶1to the jury. A man in the actual possession of a house, may defend his possession against any one who would force his way into it; but if he have possession wrongfully, the holder of the legal right may take possession, if he can do so without a breach of the peace, and hold it. The act done to constitute á valid justification to the defendant, must have been done in the necessary defence of his property, against the aggression of the plaintiff, not to regain possession, nor for revenge or punishment for an injury. If the defendant has gone beyond protection, he is a trespasser.

¶2Verdict for the plaintiff, and judgment.

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