McGill v. Varin

Count 3 of the complaint contains a sufficient statement of every element neéessary in a complaint for trespass to land — (1) plaintiff’s ownership of the land; (2) defendants’ wrongful entry by force; and (3) the time of the entry. 38-Cyc. 1078 (II).

Damage is conclusively presumed from the mere fact of a. wrongful entry (Parker v. Mise, 27 Ala. 480, 62 Am. Dec. 776; 38 Cyc. 995, [B] [1] and [2]) and the entry alone, without proof of actual damage, will support the action. Hence, so far as the sufficiency of the complaint on demurrer is concerned, there need be no allegation of damage; though…