Blacks Law Dict. 1st ed

FOREIGN ATTACHMENT

504

FORCIBLE DETAINER

FORCIBLE DETAINER. The offense of violently keeping possession of lands and tenements, with menaces, force, and arms, and without the authority of law. 4 Bl. Comin. 148; 4Steph. Comm. 280. Forcible detainer may ensue upon a peace able entry, as well as upon a forcible entry; but it is most commonly spoken of in the phrase "forcible entry and detainer." FORCIBLE ENTRY. An offense against the public peace, or private wrong, committed by violently taking possession of lands and tenements with menaces, force, and arms, against the will of those entitled to the possession, and without the authority of law. 4 Bl. Comm. 148; 4 Steph. Comm. 280: Code Ga. 1882, § 4524. Every person is guilty of forcible entry who either (1) by breaking open doors, win dows, or other parts of a house, or by any kind of violence or circumstance of terror, enters upon or into any real property; or (2) who, after entering peaceably upon real prop erty, turns out by force, threats, or menacing conduct the party in possession. Code Civil Proc. Cal. § 1159. FORDA. In old records. A ford oi shal low, made by damming or penning up the water. Cowell. FORDAL. A butt or headland, jutting out upon other land. Cowell. FORDANNO. In old European law. He who first assaulted another. Spelman. FORDIKA. In old records. Grass or herbage giowing on the edge or bank of dykes or ditches. Cowell. FORE. Sax. Before. Fr. Out. Kel liam. FORECLOSE. To shut out; to bar. Used of the process of destroying an equity of redemption existing in a mortgagor. FORECLOSURE. A process in chancery by which all further right existing in a mort gagor to redeem the estate is defeated and lost to him, and the estate becomes the abso lute property of the mortgagee; being appli cable when the mortgagor has forfeited his estate by non-payment of the money due on the mortgage at the time appointed, but still retains the equity of redemption. 2 Washb. Real Prop. 237. The term is also loosely applied to any of the various methods, statutory or otherwise, known in different jurisdictions, of enforcing

payment of the debt secured by a mortgage, by taking and selling the mortgaged estate. Foreclosure is also applied to proceedings founded upon some other liens; thus there are proceedings to foreclose a mechanic's lien. FOREFAULT. In Scotch law. To for feit; to lose. FORE GIFT. A premium for a lease. F O R E G O E R S . Royal purveyors. 26 Edw. III. c. 5. FOREHAND RENT. In English law. Rent payable in advance; or, more properly, a species of premium or bonus paid by the tenant on the making of the lease, and par ticularly on the renewal of leases by ecclesi astical corporations. FOREIGN. Belonging to another nation or country; belonging or attached to another jurisdiction; made, done, or rendered in an other state or jurisdiction; subject to another jurisdiction; operating or solvable in another territory; extrinsic; outside; extraordinary. FOREIGN ADMINISTRATOR. One appointed or qualified under the laws of a foreign state or country, where the deceden* was domiciled. FOREIGN ANSWER. In old English practice. An answer which was not triable in the county where it was made. (St. 15 Hen. VI. c. 5.) Blount. FOREIGN APPOSER. An officer in the exchequer who examines the sheriff's es treats, comparing them with the records, and apposeth (interrogates) the sheriff what he says to each particular sum therein. 4 Inst. 107; Blount; Cowell. FOREIGN ASSIGNMENT. An as signment made in a foreign country, or in another state. 2 Kent, Comm. 405, et seq. FOREIGN ATTACHMENT. In American law. A process by which the property (lying within the jurisdiction of the court) of an absent or non-resident debtor is seized, in order to compel his appearance, or to satisfy the judgment that may be ren dered, so far as the property goes. In English, law. A custom which pre vails in the city of London, whereby a debt owing to a defendant sued in the court of the mayor or sheriff may be attached in the hands of the debtor.

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