Deforcement - Law Dictionary Search Results
Home Dictionary Name: deforcementDeforcement
Deforcement, the holding of lands or tenements to which another person has a right; so that this includes as well an abatement, an intrusion, or a disseisin, as any other species of wrong by which he that has a right to a freehold is kept out of possession. It is such a detainer of the freehold from him having the right of property, but not the possession under that right, as falls within none of the injuries of abatement, intrusion, disseisin, or discontinuance, 3 Steph. Com....
Deforce
To keep from the rightful owner to withhold wrongfully the possession of as of lands or a freehold...
Deforcement
A keeping out by force or wrong a wrongful withholding as of lands or tenements to which another has a right...
Deforciation
Same as Deforcement n...
Assise of darrein presentment
Assise of darrein presentment, or last presentation; it lay when a person, or his ancestors, under whom he claims, had presented a clerk to a benefice who was duly instituted, and afterwards, upon the next avoidance, a stranger presents a clerk, thus disturbing the right of the lawful patron; upon this, the patron issued this writ, directed to the sheriff to summon an assize or jury, to inquire who was the last patron that presented to the church now vacant, of which the plaintiff complains that he is deforced by the defendant, Termes de la Lay. It was, however, abolished, and recourse had to the action of quare impedit (3 & 4 Wm. 4, c. 27). But since the (English) C. L. P. Act, 1860, s. 26, quare impedit cannot be brought, an action in the King's Bench (formerly Common Pleas) Division of the High Court of Justice being substituted for it....
Consuetudinibus et serviciis
Consuetudinibus et serviciis, a writ of right close, which lay against a tenant who deforced his lord of the rent or service due to him, Reg. Brev. 159; Fitz. N.B. 151; and New Nat. Brev. 330....
Dower, writ of right of
Dower, writ of right of, the remedy for a widow who had been deforced of part of her dower. Abolished by (English) C.L.P. Act, 1860, s. 26....
Entry
Entry, the depositing of a document in the proper office or place; actual entry on land is necessary to constitute a seisin in deed, and is necessary in certain cases, as, e.g., to perfect a common-law lease.When a person without any right has taken posses-sion of land, the party entitled may make a formal but peaceable entry, which is quite an extra judicial and summary remedy, on such lands, declaring that thereby he takes possession, which notorious act of ownership is equivalent to a feudal investiture by the lord; or he may enter on any part of it in the same county, declaring it to be in the name of the whole; but if it lie indifferent counties, he must make different entries. This remedy by entry takes place in three only of the five species of ouster-viz., abatement, intrusion, and disseisin; for as in these the original entry of the wrongdoer was unlawful, they may therefore be remedied by the mere entry of him who has right. But upon a discontinuance or deforcement, the owner...
Fine
Fine, a sum of money or mulct imposed upon an offender, also called a ransom. See PENALTY.An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646.A sum of money paid by a tenant at his entrance into his land; or for the renewal of a lease; and see FINES IN COPYHOLDS.An assurance by matter of record, founded on a supposed previously existing right, abolished by the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). In every fine, which was the compromise of a fictitious suit and resembled the transactio of the Romans, there was a suit supposed, in which the person who was to recover the thing was called the plaintiff, conusee, or recognisee, and the person who parted with the thing the deforceant, conusor, or recognisor. It was termed a fine for its worthiness, and the peace and quiet it brought with it'finis fructus exitus et effectus legis. There are five essential parts to the levying...
Intrusion
Intrusion, the entry of a stranger after a particular estate of freehold is determined before him in reversion or remainder. Where a tenant for life dies seized of certain lands or tenements, and a stranger enter thereon after such death of the tenant, and before any entry of him in remainder or reversion, such stranger is called an intruder. Intrusion was one of the five modes, the others being disseisin, abatement discontinuance and deforcement, which constituted adverse possession, from which time was computed under the old Limitation Acts.The writ of entry on intrusion is abolished by the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27)....
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