Section 11-735

Citation: Section 11-735
Parent Document: Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction: DC (municipal)
Effective Date: 1978-06-13
Original Source: https://www.courtlistener.com/opinion/2073911/mendes-v-johnson/ ↗

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This statute creates one of the great differences which exist in our law between the being in possession and the being out of possession of land, and which gave rise to the old saying that possession is nine points of the law. The effect of the statute is this, that when a man is in possession he may use force to keep out a trespasser; but if a trespasser has gained possession, the rightful owner cannot use force to put him out, but must appeal to the law for assistance. And the result of the cases appears to me to be this, that, inasmuch as the possession of the defendant was unlawful, he can recover no damages for the forcible entry, because though the statute of Richard II creates a crime, it gives no civil remedy. But in respect of independent wrongful acts which are done in the course of or after the forcible entry, a right of action does arise, because the person doing them cannot allege that the acts were lawful, unless justified by a lawful entry; and he can not plead that he has a lawful possession. See also Restatement (Second) of Torts § 185 (1965).

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