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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

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

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At common law, one with the right to possession could bring an action for ejectment, a 'relatively slow, fairly complex, and substantially expensive procedure.' 19 But, as Oregon cases have recognized, the common law also permitted the landlord to 'enter and expel the tenant by force, without being liable to an action of tort for damages, either for his entry upon the premises, or for an assault in expelling the tenant, provided he uses no more force than is necessary, and do(es) no wanton damage.' Smith v. Reeder, 21 Or. 541, 546, 28 P. 890, 891 (1892). The landlord-tenant relationship was one of the few areas where the right to self-help was recognized by the common law of most States, and the implementation of this right has been fraught with 'violence and quarrels and bloodshed.' Entelman v. Hagood, 95 Ga. 390, 392, 22 S.E. 545 (1895). 20 An alternative legal remedy to prevent such breaches of the peace has appeared to be an overriding necessity to many legislators and judges. 14