from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
AB INITIO, from the beginning.
2. When a man enters upon lands or into the house of another by
authority of law, and afterwards abuses that authority, he becomes a
trespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218
Clayt. 44. And if an officer neglect to remove goods 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. Bl. 13
11 East, 395 2 Camp. 115, 2 Johns. 191; 10 Johns. 253; ibid. 369.
3. But in case of an authority in fact, to enter, an abuse of such
authority will not, in general, subject the party to an action of trespass,
Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. Pl.
146. 169. 180.