AB INITIO - Lat. 'from
the beginning'. Usually used in reference to contracts,
estates, trespasses and deeds to indicate their existence
or validity relates back to their creation like an (unlawful)
marriage 'ab initio' meaning the marriage was void during
its entire alleged existence.
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.
And if an officer neglects to remove goods attached
within a reasonable time and continues in possession,
his entry becomes a trespass ab initio. 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.
