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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lindsey v. Normet, 405 U.S. 56 (1972)

Citation
Lindsey v. Normet, 405 U.S. 56 (1972)
Parent Document
Lindsey v. Normet, 405 U.S. 56 (1972)
Effective Date
1972-02-23

Other Sections in This Document (263)

Full Text

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The statute itself declares the public policy of the State of Oregon to be that: “No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of entry is given by law the entry shall be made in a peaceable manner and without force.” § 105.105. One out of actual possession of real property, although lawfully entitled to such possession, is liable criminally for assault and battery if, instead of filing an FED action, he accomplishes an entry upon such real property by the exertion of force against the person of an actual occupant who opposes and resists such entry. Coghlan v. Miller, 106 Ore. 46, 54-56, 211 P. 163, 166-167 (1922).