Forcible entry

An entry into the possession of another with actual violence or such show of force as to intimidate or tend to a breach of the peace. See 84 Ga. 669, 20 Am. St. Rep. 389, and note, 11 S. E. 500.

An offense against the public peace or private wrong, committed by violently taking possession of lands and tenements with menaces, force, and arms, against the will of those entitled to the possession, and without the authority of law. 4 Bl. Comm. 148; 4 Steph. Comm. 280; Code Ga. 1882, § 4524. Every person is guilty of forcible entry who either
(1) by breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror, enters upon or into any real property; or
(2) who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct the party in possession. Code Civll Proc. Cui. § 1159. At common law, a forcible entiy was necessarily one effected by means of force, violence, menaces, display of weapons, or otherwise with the strong hand; but this rule has been relaxed, either by statute or the course of judicial decisions, in many of the states, so that an entry effected without the consent of the rightful owner, or against his remonstrance, or under circumstances which amount to no more than a mere trespass, is now technically considered "forcible," while a detainer of the property consisting merely in the refusal to surrender possession after a lawful demand, is treated as a "forcible" detainer; the reason in bath cases being that the action of "forcible entry and detainer" (see next title) has been found an extremely convenient method of proceeding to regain possession of property as against a trespasser or against a tenant refusing to quit, the "force" required at common law being now supplied by a mere fiction. See Rev. St. Tex. 1395, art. 2521; Goldsberry v. Bishop, 2 Duv. (Ky.) 144; Wells v. Darby, i3 Mont. 504, 34 Pac. 1092; Willard v. Warren, 17 Wend. (N. Y.) 261; Franklin v. Geho, 30 W. Va. 27, 3 S. El 168; Phelps v. Randolph, 147 111. 335, 35 N. E. 243; Brawley v. Risdon Iron Works, 38 Cal. 678; Cuyler v. Dstis, 64 S. W. 673, 23 Ky. Law Rep. 1063; Herkimer v. Keeler, 109 Iowa, 680, 81 N. W. 178; Young v. Young, 109 Ky. 123, 58 S. W. 592.