
    PITFORD v. ARMSTRONG.
    Trespasser — force in defence of possession — may take possession from wrong doer.
    A man in possession of a house may assault and beat oil any one wrongfully forcing his way into it.
    If he go beyond defence, and use force to obtain possession, or for revenge or punishment of the aggressor, he is a trespasser.
    The owner of land may take the possession from a wrong doer, and hold it, but is liable if he break the peace or use force.
    Trespass, quare clausum fregit, assault, &c. Plea: 1. Not guilty. 2. That the act was done in defence of the possession of defendant’s house.
   BY THE COURT,

to the jury. A man in the actual possession of a house, may defend his possession against any one who would force his way into it; but if he have possession wrongfully, the holder of the legal right may take possession, if he can do so without a breach of the peace, and hold it. The act done to constitute á valid justification to the defendant, must have been done in the necessary defence of his property, against the aggression of the plaintiff, not to regain possession, nor for revenge or punishment for an injury. If the defendant has gone beyond protection, he is a trespasser.

Verdict for the plaintiff, and judgment.  