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Deforcement

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[L. Lat. deforciamentum.] In English law. A keeping out by force or wrong; a wrongful withholding of lands or tenements to which another has a right; a species of ouster, or privation of the freehold. Termes de la ley, voc.

Deforcer. 3 Bl. Com. 172.

In its most extensive sense, this is nomen generalissimum, signifying the withholding of any lands or tenements to which another has a right, and includes as well an abatement, an intrusion, a disseisin, or a discontinuance, as any other species of wrong whatsoever, whereby he that has right to the freehold is kept out of possession.

Co. Litt. 277 b. 3 Bl. Com. ub. sup.

But, as contradistinguished from these injuries, it is only such a detainer of the freehold from him that has the right of property, but never had any possession under that right, as falls within none of them.

Id. 172, 173. 3 Steph. Com. 483. 2 Crabb's Real Prop. 1064, 1065, § 2467.

See Ouster, Abatement, Disseisin, Intrusion.