Entry

1.

In real property law. Entry is the act of going peaceably upon a piece of land which is claimed a3 one’s own, but which is held by another person, with the intention and for the purpose of taking pussession of the same. Entry isu remedy which the law affords to an injured party ousted of his lands by another person who has taken possession thereof without of the five species of ouster, viz., abatement, intrusion, and disseisin; for, as in these three cascs the original entry of the wrong-doer is unlawful, 50 the wrong may be remedied by the mere entry of the former possessor. But itis otherwise upon a discontinuance or deforcement, for in these latter two cases the former possessor cauuot remedy the wrong by entry, but must do so by action, inasmuch as the original entry being in these cases lawful, and therefore conferring an apparent right of possession, the law will not suffer such apparent right to be overthrown by the mere act or entry of the claimant. Brown. An entry at common law is nothing more than an assertion of title by going on the land; or, i? that was hazardous, by making continual claim, Anciently, an actual entry was required to be made and alease exccuted on the land to sustain the action of ejectment; but now nothing of that kind is necessary. The entry and the lease, as well as the ouster, are fictions, and nothing is required but that the lessor should have the right to enter. A proceeding precisely analogous obtained in the civillaw.

1 Ala. 660. 2.

In criminallaw. Entry is the uvlawful making one’s way into adwelling or other house, for the purpose of committing a crime therein. In cases of burglary, the least entry with the whole or any part of the body, hand, or foot, or with any instrument or weapon, introduced for the purpose of committing a felony, is sufficient to complete the offense.

3 Inst. 64.

Without reference to burglary, a breaking into a house or going upon lands with violence and circumstances of aggression is terined “forcible entry,” and was a breach of the peace at common law. “Forcible entry and detainer” ss made an offense by statute in many of the states.

3.

In practice

Entry denotes the formal inscription upon the rolls or records of a court of a note or minute of any of the proceedings in an action; and it is frequently applied to the Gling of a proceeding in writing, such as a notice of appearance by a defendant, and, very generally, to the filing of the judgment roll asa record in the oflice of the court, 4. In commercial law. Entry denotes the act of a merchant, trader, or other business man in recording in his account-books the facts and circumstances of a sale, loan, or olher transaction. Aliso the note or record so made. The bovks in which such memoranda are first (or originally) inseribed are culled “bouks of original entry,” and are prima facie evidence for certain purposes.

5.

In revenue law, The entry of imported goods at the custom house consists in submitting them to the inspection of the reyinvoices of the same, for the purpose of estimating the duties to be paid thereon.

6.

Under the provisions of the land laws of the United States, the term “entry” denotes the filing at the land-office, or inseription upon its records, of the documents required to found aclaim for a homestead or pre-emption right, and as preliminary to the issuing of a patent for the land.

7.

In Scotch law

The term refers to — the acknowledgment of the title of the hair, etc., to be admitted by the superior, =.