Page:Black's Law Dictionary (Second Edition).djvu/517

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FORCE

when we say that II statute or a contract is “in force "

In old English law. A technical term appiied to a species of accessary before the fuel’.

In Scotch law. Coercion; duress. Bell.

-—-Force and arms. A phrase used in den- iarnliuiis of trespass and in indictments, but now unnecessary in decinrntions, to denote that [ho act complained of was done with vioience. 2 Lhit Pl. S46. t"0.—I‘aroe and fear, called also "vi nictuque." menus that any contract or an ertortcd under the pressure of force Wis) or under the influcnce of frar (mclus) is void- nhic on that ground, provided, of course, that the force or the fear was such as influcnceii lbe p-u't_v. Brovm.-—I‘urces. The military and naval power of the country.

FORCE MAJEURE. insurance. Superior or Eiiierig. Tr. des Ass. 1:. 1?.

Fr. In the law of irresistible force

FORCED HEIRS. In Louisiana. Those persons whom the tesmtor or donor cannot depriie 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 Grain v. Grain, 17 Tex. 90: Hagerty v. Hagerty, 12 Tex. 456; i\iilicr v. Miller, 105 La. 257. 29 South. 802.

FORCED SALE. 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 pre scribed by law. Sampson v. Williamson, 8 Tex. 110. 55 Am. Dec. 762.

-\ [nrced Sflle 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 Flu. 336.

FORCHEAPUM. Pre-emption; forestalllng the market. Jacob.

FORCIBLE DETAINER. The offense of vioieutiy keeping possesion of lands and tenements, with menaces, force, and arms, and without the authority of law. 4 Bl. Comm. 148; 4 Steph. Comm. 280.

Forcibie detnincr may ensue upon a peace- alile entry, as well as upon a forcibie entry; but it is most commonly spoken of in the pbrnse “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 Bi. r ‘omm. 148; 4 Staph. Comm. 280: Code (in 1882 § 4524.

Every person is guiity 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,

509

FORDANNO

enters upon or into any real property; or (2) who, after entering peaceably upon reai 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 necessariiy one eflfected by means of force, ‘V10- lcnce, menaccs, dispiay of ueapons, or other- wise with the strong band: but this rule has been relaxed. either by statute or the course at indicial decisions, in many of the states, so that nn entry effected without (hr: consent of the rightful owner, or aguinst his reinonstrance. or under circumstances which amount lo no more than a mere tiespiiss, is now technically considered “fcrcihle." while a detnincr of the prop- erty cousisting merely in the refusni to surrender posscssinn after a lawful demand. is treated as a “forcibic" detniner: the reason in both cases being that the action of "forcible entry and deI;aincr' (see next title) has been found an extremeiy 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 snppiied by a more flction. See Her. St. Tnx. 1935. art. 2521: Goldshcrry v. Bishop, 2 Duv. (Ky.) 144; Weils I’. Darby, 13 Mont. 50}, 34 File. 1092: Willard v. Warren. 17 Wend. (N. Y.) 261: Franklin v. Gain). 30 W. Va. 27, 3 S. E. 168: Pheips v. Randoiph, 147 I11. 335, 35 N. E. 3: Brawley v. Ri on Iron “'01-ks, 3S Czil. 678; Ouyier v. Estis. 64 S. W. 673. 23 Kv. Law Rep. 1063: Herklmcr v. Kecler, 109 Iowa. (180. 81 N. W. 178: Young v. Young, 109 Ky 123. 58 S. W. 592.

FORCIBLE ENTRY AND DETAINER. The action of forcible entry and detniner is a summary proceeding to recover possession of premises forcibly or unlawfully detained. G 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 deteiiaaiit; the object of the law being to prevent the disturbance of the public peace by H the forcible assertion of a private right. G-ore v. Aitice, 33 Wash. 335, 14 Pac. 556; Eveieth v. Gill, 97 Me 315. 54 At]. 757.

FORCIBLE TRESPASS. In North I 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 detiiiner" of real prop- erty ut 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. G. 567; State v. Ray. 32 N. C. 40-, State v. Sowls, 61 N. 05151; State v. Laney, 8? N K O. 535.

FORDA. In old records. A ford or anallow, made by diimming or penning up the water. Gowell.

FORDAL. A butt or headland, jutting out upon other land Cowell.

FORDANNO. who first assaulted another.

In old European law. He

Spelman. M