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ENTRY Definition & Legal Meaning

Definition & Citations:

1. In real property law. Entry is the act of going peaceably upon a piece ofland which is claimed as one’s own, but which is held by another person, with theintention and for the purpose of taking possession of the same.Entry is a remedy which the law affords to an injured party ousted of his lands byanother person who has taken possession thereof without right. This remedy (whichmust in all cases be pursued peaceably) takes place in three only out of the five speciesof ouster, viz., abatement, intrusion, and disseisin; for, as in these three cases theoriginal entry of the wrong-doer is unlawful, so the wrong may be remedied by themere entry of the former possessor. But it is otherwise upon a discontinuance ordeforcement, for in these latter two cases the former possessor cannot remedy thewrong by entry, but must do so by action, inasmuch as the original entry being in these cases lawful, and therefore conferring anapparent right of possession, the law will not suffer such apparent right to beoverthrown by the mere act or entry of the claimant. Brown. See Innerarity v. Mims, 1Ala. 074; Moore v. Hodgdon, 18 N. II. 140; Riley v. People. 29 111. App. 139; Johnsonv. Cobb, 20 S. C. 372. 7 S. E. 001.

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