55-236 - When distress not unlawful because of irregularity, etc.
§ 55-236. When distress not unlawful because of irregularity, etc.
When distress shall be made for rent justly due and any irregularity orunlawful act shall be afterwards done by the party distraining, or his agent,the distress itself shall not be deemed to be unlawful, nor the party makingit be therefore deemed a trespasser ab initio. The party aggrieved by suchirregularity or unlawful act may, by action, recover full satisfaction forthe special damage he shall have sustained thereby.
(Code 1919, § 5527.)