1. Defense and recapture involves two things
i. possession by the owner
ii. a purely wrongful taking
Kirby v. Foster $50 deducted from P’s pay, so P kept $50 from payroll. D’s held him in struggle to get money back. Issue: Were D’s justified in use of force to get money back? No. They could defend with necessary force only. And only if the P had no claim or right, even if the claim was wrong.
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Landlord Tenant and are similar to What two things are involved in Defense and Recapture?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.