Forcible Entry And Detainer - Law Dictionary Search Results

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forcible entry and detainer

forcible entry and detainer 1 : the forcible entry upon and keeping of real property without authority of law 2 : the statutory proceeding to regain possession of real property taken through a forcible entry and detainer ...

forcible entry

forcible entry 1 : the unlawful taking of possession of real property by force or threats of force against the lawful possessor see also forcible entry and detainer 2 : unlawful entry into or onto another's property esp. when accompanied by force [forcible entry of an automobile] ...

Detainer

Detainer, forcible. See FORCIBLE ENTRY.Unlawful. The wrongful keeping of a person's goods, although the original taking may have been lawful. As if I distrain another's cattle, damage feasant, and before they are impounded he tenders me sufficient amends; now, though the original taking was lawful, my subsequent detention of them, after tender of amends, is not lawful, and he shall have an action of replevin against me to recover them, in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful, 3 Steph. Com., and see DETINUE.Writ of, one of the five forms of process prescribed by the 2 Wm. 4, c. 39, s. 1, for the commencement of a personal action against a person already in the prison of one of the courts. Superseded by 1 & 2 Vict. c. 110, ss. 1, 2.A process lodged with the sheriff against a person in his custody was called a detainer; the officer, therefore, always searched the sheriff's office to see if there were any detainer...

Trespass

Trespass [fr. transgressio, Lat.], any transgression of the law, less than treason, felony, or misprision of either.An unlawful act committed against the person or property of another esp. wrongful entry on another's real property, Black's Law Dictionary, 7th Edn.The action of trespass lies where a trespass has been committed either to the plaintiff's person or property. A trespass is an injury committed with violence, and this violence may be either actual or implied; and the law will imply violence, though none is actually used, where the injury is of a direct and immediate kind, and committed on the person or tangible and corporeal property of the plaintiff. Of actual violence an assault and battery is an instance; of implied, a peaceable but wrongful enter upon the plaintiff's lands, Steph. Plead., 7th Edn., 11, 37, 154. As to trespass on the case, see CASE and VI ET ARMIS.Trespass, as an unlawful act committed against a person and property of another, Black's Law Dictionary (7th E...

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