Semayne’s Case in Europe
Definition of Semayne’s Case
((1604), 5 Coke, 91). ” An Englishman’s home is his castle.” The defendant was the owner and in possession, of a house in which were goods of one X, against whom the plaintiff had recovered judgment. The sheriff came to levy execution, but the defendant refused, to let him enter the house by which the plaintiff lost the benefit and profit of his writ of execution. The plaintiff brought this action against the defendant for thus hindering him and causing him such damage. Held, that a sheriff or other officer of the law may use force to enter on premises and deliver possession thereof to a party who has recovered judgment in a real action, but he may not break in to levy execution unless the goods of another have been put into the house to avoid execution, or the execution is at the suit of the King
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Definition of Semayne’s Case is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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