Deforcement

The holding any lands or tenements to which another has a right.

In its most extensive sense, the term includes any withholding of any lands or tenements to which another person has a right (Co. Litt. 277); so that this includes as well an abatement, an intrusion, a disseisin, or a discontinuance, as any other species of wrong whatsoever, by which the owner of the freehold is kept out of possession. But, as contradistinguished from the former, it is only such a detainer of the freehold from him who has the right of property as falls within none of the injuries above mentioned. 3 Bl. Comm. 173; Archb. Civ. PI. 13; Dane, Abr. Index. In Scotch Law. The opposition given, or resistance made, to messengers or other officers while they are employed in executing the law.. This crime is punished by confiscation ol movables, the one half, to the king and the other to the creditor at whose suit the diligence is used. Ersk. Prac. 4. 4. 32.

The holding any lands or tenements to which another has a right. In its most extensive sense the term includes any withholding of any lands or tenements to which another parson has a right; Co. Litt. 277; Phelps v. Baldwin, 17 Conn. 212; so that this includes as well an abatement, an intrusion, a disseisin, or a discontinuance, as any other species of wrong whatsoever, by which the owner of the freehold is kept out of possession. But, as contradistinguished from the former, it is only such a detainer of the freehold from him who has the right of property as falls within none of the injuries above mentioned; 3 Bla. Com. 173; Archb. Civ. PI. 13; Dane, Abr. Index.

In English law. A keeping out by force or wrong; a wrongful withholding of lands or tenements from the owner.

In Soots law. The opposition or resistance made to public ofl Bcers engaged in the exercise of their offices.

Deforcement is Where aman wrongfully holds lands to which another person is entitled. It therefore includes disseisin, abatement, discontinuance, and intrusion. Co. Litt. 2776, 3516. But it is applied especially to cases, not falling under those heads, where the person entitled to the freehold has never had possession; thus, where a lord has a seignory, and lands escheat to him propter defeetum sanguinis, but the seisin is withheld from him, this isa deforcement, and the person who withholds the seisin is called a “deforeeor.” 3 BI. Comm, 172.

In Scotch law. The opposition or resistance made to messengers or other public officers while they are actually engaged in the exercise of their offices. Ersk. Inst. 4, 4, 32.

An injury by ouster or privation of the freehold, where the entry » 1 Pars. Contr. 40. ai Greenl. Ev. §373. » 8 Pars. Contr. 769. * 11 Pet. 138. "3 Pars. Contr. 249. •Marvin v. State, 19 lud. 184 (1862), Perkins, J. ' [Mickle V. Miles, 31 Pa. 31 (1856;, Lowrie, J.; Pardee ■u. Fish, 60 N. Y. 269 (1875). >> I'ennsylvania E. Co. v. Price, 96 Pa. 267 (1880). ' »Bumam v. Banks, 45 Mo. 351 (1870); Dole 7). New England Mut. Ins. Co., 6 Allen, 386 (1863). ■PSee United States v. The Peggy, 1 Cranch, 109 of the present tenant or possessor was originally lawful, but his detainer has become unlawful... The holding of any lands or tenements to which another person hath a right.' Deforciant. He who is chargeable with a deforcement. A deforcement includes as well an abatement, an intrusion, a disseisin, or a discontinuance, or any other species of wrong whatsoever, whereby he that hath right to the freehold is kept out of possession.' See Amotion.

[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.

tort, in its which another person has a right. Co. Litt. 277; so that this includes as well an abatement, an intrusion, a disseisin, or a discontinuance as any other species of wrong whatsoever, by which the owner of the freehold is kept out of possession. But as contradistinguished from the former, it is only such a detainer of the freehold, from him who has the right of property, as falls within none of the injuries above mentioned. 3 Bl. Com. 173; Archb. Civ. Pl. 13; Dane’s Ab. Index, h. t.