Legal Term Dictionary

The act of abstaining from proceeding against a delinquent debtor; delay in exacting the enforcement of a right; indulgence granted to a debtor. Reynolds T. Ward, 5 Wend. (N. Y.) 504; Diercks v. Kennedy, 16 N. J. Eq. 211; Dry Dock Bank y. American Life Ins., etc., Co., 3 N. More...

The act of abstaining from proceeding against a delinquent debtor; delay in exacting the enforcement of a right; indulgence granted to a debtor. Reynolds T. Ward, 5 Wend. (N. Y.) 504; Diercks v. Kennedy, 16 N. J. Eq. 211; Dry Dock Bank y. American Life Ins., etc., Co., 3 N. Y; 354. Refraining from action. The term is used in this sense in general jurisprudence, in contradistinction to "act" Less...

Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word occurs in such connections as to show that unlawful or wrongful action is meant. Watson v. Railway Co. 7 Misc. Rep. 562, 28 N. Y. Supp. 84; Plank Road More...

Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word occurs in such connections as to show that unlawful or wrongful action is meant. Watson v. Railway Co. 7 Misc. Rep. 562, 28 N. Y. Supp. 84; Plank Road Co. v. Robbins, 22 Barb. (N. Y.)667. Unlawful violence. It is either simple, as entering upon another's possession, without doing any other unlawful act; compound, when some other violence Is committed, which of itself alone is criminal; or implied, as in every trespass, rescous, or disseisin. Power statically considered; that is at rest or latent, but capable of being called into activity upon occasion for its exercise. Efficacy; legal validity. This is the meaning 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 declarations of trespass and in indictments, but now unnecessary in declarations, to denote that the act complained of was done with violence. 2 Chit PI. ?46, 850.-Force and fear, called also "vi mctuque," means that any contract or act extorted under the pressure of force (vis) or under the influence of fear (metus) is voidable 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. Less...

Fr. In the law of insurance. Superior or irresistible force, Emerig. Tr. des Ass. c. 12.

Fr. In the law of insurance. Superior or irresistible force, Emerig. Tr. des Ass. c. 12. Less...

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" Crain, 17 Tex. 90; Hagerty v. Hagerty, More...

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" Crain, 17 Tex. 90; Hagerty v. Hagerty, 12 Tex. 456; Miller v. Miller, 105 La. 257, 29 South. 802. Less...

In practice. A sale made at the time and in the manner prescribed 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 prescribed by law. Sampson v. Williamson, More...

In practice. A sale made at the time and in the manner prescribed 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 prescribed 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. Less...

Preemption; forestalling the market Jacob.

Preemption; forestalling the market Jacob. Less...

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 peaceable entry, as well as upon a forcible entry; but it is most commonly spoken More...

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 peaceable entry, as well as upon a forcible entry; but it is most commonly spoken of in the phrase "forcible entry and detainer." See infra. Less...

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 6a. 1882, | More...

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 6a. 1882, | 4524. Every person is guilty of forcible entry who either (1) by breaking open doors, windows, 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 property, turns out by force, threats, or menacing conduct the party in possession. Code Civil Proa Cal | 1159. At common law, a forcible entry was necessarily one effected by means of force, violence, menaces, display of weapons, or otherwise 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 considered "forcible," while a detainer of the property consisting merely in the refusal to surrender 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 501, 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 X. E. 243; Brawley v. Risdon Iron Works, 38 Cal. 6TO; Cuyler v. Eetis, 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. Less...

The action of forcible entry anfi. 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 peaceable possession of the plaintiff and the unlawful or forcible ouster or detention by More...

The action of forcible entry anfi. 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 peaceable possession of the plaintiff and the unlawful or forcible ouster or detention by defendant ; the object of the law being to prevent 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 Ati. 757. Less...

In North Carolina, this Is an invasion of the rights of another with respect to his personal property, of the same character, or under the same circumstances, which would constitute a "forcible entry and detainer" of real property at common law. It consists in taking or seizing the personal property More...

In North Carolina, this Is an invasion of the rights of another with respect to his personal property, of the same character, or under the same circumstances, which would constitute a "forcible entry and detainer" of real property at common law. It consists in taking or seizing the personal property of another by force, violence, or intimidation. State v. Lawsou, 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. Less...