Ab Initio
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
from the beginning. © 1. Where a man makes a lawful entry, and subsequently abuses an authority tn law to enter, as to distrain or the lke, he becomes a trespasser ab initio.
Bac. Ab. Trespass, B.; 8 Coke, 146; 2 BI. Rep. 1218; Clayt. 44.
And if an ofhcer neglect to remove 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. BI.
13; 11 East, 395; 2 Camp. 115; 2 Johns. 191; 10 Johns. 253; Ibid. 369.—2.
But in case of an authority tn fact, to enter, an abuse of such authority will not, in general, subject the party to an action of trespass.
Lane, 90; Bac. Ab. Trespass, B.; 2T. R. 166. See generally 1 Chit. P]. 140, 169, 180.