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Intrusion

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

The entry of a stranger after the determination of a particular estate of freehold, before the entry of him in reversion or remainder. Intrusion or usurpation, and trespass are not synonymous terms.

96 111. 255.

The entry and interposition of the stranger differs from an abatement in this, that an abatement is always to the prejudice of an heir or immediate devisee; an intrusion is always to the prejudice of him in remainder or reversion.

3 Sharswood, Bl. Comm. 169; Fitzh. Nat. Brev. 203; Archb. Civ. PI. 12; Dane, Abr. Index; 3 Steph. Comm. 443.

The name of a writ brought by the owner of a fee simple, etc., against an intruder.

New Nat. Brev. 453. Abolished by 3 & 4 Wm. IV. c. 57.

At Common Law. Intrusion at the common law is one of the modes of ouster of the freehold, and is defined to be "an entry by a stranger after a particular estate of freehold is determined before him in reversion or remainder; as when a tenant for life dieth seized of certain lands and tenements, and a stranger cometh thereon, after such death of the tenant, and before any entry of him in reversion or remainder.

3 Ch. Bl. 169.

Trespass Distinguished

Trespass is an entry on another's ground without lawful authority, and doing some damage however inconsiderable to his ^eal property. This broad distinction does not exist under our statute dispensing with livery of seizin; but the only distinction apparent to my mind between an intrusion and a trespass is, that the former implies an unlawful possession of lands, while the latter may amount to a mere entry upon land without retaining possession, but doing some damage.

Hulick v. Scovil, 9 111. 170, 171.

INTUIT US (Lat. from intueri, to look upon or view). A view; regard; contemplation. Diverso intuitu (q. v.), with a different view. View or sight. Intuitu Dei, in the sight of God. Magna Charta, pr.