KFLCC Kingdom Law 2nd Ed.

509

FORDANNO

FORCE

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. At common law, a forcible entry was neces sarily one effected by means of force, vio lence, menaces, display of weapons, or other wise with the strong hand; but this rule has been relaxed, either by statute or the course of judicial decisions, in many of the states, so that an entry effected without the consent of the rightful owner, or against his remonstrance, or under circumstances which amount to no more than a mere trespass, is now technically consid ered "forcible," while a detainer of the prop erty consisting merely in the refusal to surren der possession after a lawful demand, is treated as a "forcible" detainer; the reason in both cases being that the action of "forcible entry and detainer" (see next title) has been found an extremely convenient method of proceeding to regain possession of property as against a trespasser or against a tenant refusing to quit, the "force" required at common law being now supplied by a mere fiction. See Rev. St. Tex. 1895, art. 2521; Goldsberry v. Bishop, 2 Duv. (Ky.) 144; Wells v. Darby, 13 Mont. 504, 34 Pac. 1092; Willard v. Warren, 17 Wend. (N. Y.) 261; Franklin v. Geho, 30 W. Va. 27, 3 S. E. 168; Phelps v. Randolph, 147 111. 335, 35 N. E. 243; Brawley v. Risdon Iron Works, 38 Cal. 678; Cuyler v. Estis, 64 S. W. 673, 23 Ky. Law Rep. 1063; Herkimer v. Keeler, 109 Iowa, 680, 81 N. W. 178; Young v. Young, 109 Ky. 123, 58 S. W. 592. FORCIBLE ENTRY AND DETAINER. The action of forcible entry and detainer is a summary proceeding to recover possession of premises forcibly or unlawfully detained. The inquiry in such cases does not involve title, but is confined to the actual and peace able possession of the plaintiff and the un lawful or forcible ouster or detention by de fendant ; the object of the law being to pre vent the disturbance of the public peace by the forcible assertion of a private right. Gore v. Altice, 33 Wash. 335, 74 Pac. 556; Eveleth v. Gill, 97 Me. 315, 54 Atl. 757. FORCIBLE TRESPASS. In North Carolina, this is an invasion of the rights of another with respect to his personal prop erty, of the same character, or under the same circumstances, which would constitute a "forcible entry and detainer" of real prop erty at common law. It consists in taking or seizing the personal property of another by force, violence, or intimidation. State v. Lawson, 123 N. C. 740, 31 S. E. 667, 68 Am. St. Rep. 844; State v. Barefoot, 89 N. C. 567; State v. Ray, 32 N. C. 40; State v. Sowls, 61 N. C. 151; State v. Laney, 87 N. C. 535. In old records. A ford or shal low, made by damming or penning up the water. Cowell. FORDAL. A butt or headland, jutting out upon other land. Cowell. FORD ANNO. In old European law. He who first assaulted another. Spelman. FORDA.

when we say that a statute or a contract is **in force." In old English law. A technical term applied to a species of accessary before the fact. In Scotch, law. Coercion; duress. Bell. —Force and arms. A phrase used in dec larations of trespass and in indictments, but now unnecessary in declarations, to denote that the act complained of was done with violence. 2 Chit. PI. 846, 850.— Force and fear, called also "vi metuque," means that any contract or act extorted under the pressure of force (vis) or under the influence of fear (metus) is void able on that ground, provided, of course, that the force or the fear was such as influenced the party. Brown.— Forces. The military and naval power of the country. In Louisiana. Those persons whom the testator or donor cannot deprive of the portion of his estate reserved for them by law, except in cases where he has a just cause to disinherit them'. Civil Code La. art. 1495. And see Crain v. Craln, 17 Tex. 90; Hagerty v. Hagerty, 12 Tex. 456; Miller v. Miller, 105 La. 257, 29 South. 802. FORCED SALE. In practice. A sale made at the time and in the manner pre scribed by law, in virtue of execution issued on a judgment already rendered by a court of competent jurisdiction; a sale made under the process of the court, and in the mode pre scribed by law. Sampson v. Williamson, 6 Tex. 110, 55 Am. Dec. 762. A forced sale is a sale against the consent of the owner. The term should not be deemed to embrace a sale under a power in a mortgage. Patterson v. Taylor, 15 Fla. 336. FORCHEAPUM. Pre-emption; forestall ing the market. Jacob. 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. Comm. 148; 4 Steph. 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." See infra. FORCIBLE ENTRY. An offense against the public peace, or private wrong, com mitted 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 wbo either (1) by breaking open doors, win dows, or other parts of a house, or by any kind of violence or circumstance of terror, FORCE MAJEURE. Fr. In the law of insurance. Superior or irresistible force. Emerig. Tr. des Ass. c. 12. FORCED HEIRS.