Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Withholding land; restraint of a person.

  • Black's Law Dictionary: 2nd Edition

    The act (or the juridical fact) of withholding front Person lawfully entitled the possession of lahd or goods; or the restraint of a man's personal liberty against his will. The wrongful keeping of a person's goods is called an "unlawful detainePLalthough the original taking may have been Tawful. As, if one distrains another's cattle, damage feasant, and before they are impounded the owner tenders sufficient amends ; now, though the original taking was lawful, the subsequent detention of them after tender of amends is not lawful, and the owner has an action of replevin to recover them, in which he will recover damages for the detention, and not for the caption, because the original taking was lawful. 3 Steph. Comm. 548. In practice. A writ or instrument, issued or made by a competent officer, authorizing the kceper of a prison to keep in his custody a person therein named. A detainer may be lodged against one within the walls of a prison, on what account soever he is there. Com. Dig. "Process," E, (3 B.) This writ was supersedeo by 1 & 2 Viet. c. 110, ยงยง 1, 2. Forcible detainer. See that title,