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forcible entry and detainer

Defined in 2 dictionaries — Case Law, Black's (1910)

Definitions from Case Law

From 75 U.S. 595 - Drehman v. Stifle · 1869Most cited · 17 citing opinions

This proceeding has no relation to the rights of property of the parties. It turns entirely on the facts of lawful possession by the plaintiff and unlawful entry by the defendant. The defendant may have a valid title, the plaintiff possession without any title; and yet the defendant, having entered without the plaintiff's consent, may be dispossessed, and the plaintiff be restored to possession.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The action of forcible entry and detainer is a summary proceeding to recover possession of premises forcibly or unlawfully detained. The inquiry in such cases does not involve title, but is confined to the actual and peaceable possession of the plaintiff and the unlawful or forcible ouster or detention by defendant ; the object of the law being to prevent the disturbance of the public peace by the forcible assertion of a private right. Gore v. Altice, 33 Wash. 335, 74 Pac. 556; Eveleth v. Gill, 97 Me. 315, 54 All. 757.