FORCE AND ARMS. The same as vi et armis.
FORCED HEIRS. In Louisiana they are those persons whom the testator or donor1 cannot deprive of the porttion of his estate reserved for them by law, except in cases where he has a just cause to disinherit them. Civ. Code of Lo. art. 1482. As to the portion of the estate they are entitled to, see the article Legitime. As to the causes for which forced heirs may be deprived of this right, see Disinherison.
FORCIBLE ENTRY or DETAINER, crim. law. An offence committed by unlawfully and violently taking or keeping possession of lands and tenements2, with menaces, force and, arms, and without the authority of law. Com. Dig. h. t.
2. The proceedings4 in case of forcible entry or detainer, are regulated by statute5 in the several states. The offence is generally punished by indictment6. 4 Bl. Com. 148 Russ. on Cr. 283. A forcible entry and a forcible detainer, are distinct offences. 1 Serg. & Rawle, 124; 8 Cowen, 226.
3. In the civil and French law, a similar remedy is given for thing offence. The party injured has two actions, a criminal or a civil. The action is called actio interdictum undevie. In French, l action reintegrande. Poth. Proc. Civ. Partie 2, c. 3, art. 3; 11 Toull. Nos. 123, 134, 135, 137, pp. 179, 180, 182, and, generally, from p. 163. Vide, generally, 3 Pick. 31; 3 Halst. R. 48; 2 Tyler s R. 64; 2 Root s R. 411; Id . 472; 4 Johns. R. 150; 8 Johns. R. 44; 10 Johns. R. 304; 1 Caines R. 125; 2 Caines R. 98; 9 Johns. R. 147; 2 Johns. Cas. 400; 6 Johns. R. 334; 2 Johns. R. 27; 3 Caines R. 104; 11 John. R. 504; 12 John. R. 31; 13 Johns. R. 158; Id. 340; 16 Johns. R. 141; 8 Cowen, 226; 1 Coxe s R. 258; Id. 260; 1 South. R. 125; 1 Halst. R. 396; 3 Id. 48; 4 Id. 37; 6 Id. 84; 1 Yeates, 501; Addis. R. 14, 17, 43, 316, 355; 3 Serg. & Rawle, 418; 3 Yeates, 49; 4 Dall. 212; 4 Yeates, 326; 3 Harr. & McHen. 428; 2 Bay, R. 355; 2 Nott & McCord, 121; 1 Const. R. 325; Cam. & Norw. 337, 340; Com. Dig. h. t.; Vin. &b. h. t.; Bac. Ab. h. t.; 2 Chit. Pr. 281 to 241.
4. The civil law punished even the owner of an estate, in proportion to the violence used, when he forcibly took possession of it, a fortiori, a stranger. Domat, Supp. au Dr. Pub. 1. 3, t. 4, s. 3.
FORECLOSURE, practice. A proceeding3 in chancery, by which the mortgagor s right of redemption of the mortgaged premises7 is barred or foreclosed forever.
2. This takes place when the mortgagor has forfeited8 his estate by non-payment of the money due on the mortgage at the time appointed, but still retains the equity9 of redemption; in such case the mortgagee may file a bill, calling on the mortgagor, in a court of equity, to redeem10 his estate presently, or in default thereof, to be forever closed or barred from any right of redemption.
3. In some cases, however, the mortgagee obtains a decree for a sale of the land, under the direction of an officer of the court, in which case the proceeds are applied11 to the discharge of encumbrances12, according to their priority. This practice has been adopted in Indiana, Kentucky, Maryland, South Carolina, Tennessee, and Virginia. 4 Kent, Com., 180. When it is the practice to foreclose without a sale, its severity is mitigated13 by enlarging the time of redemption from six months to six months, or for shorter periods, according to the equity arising from the circumstances. Id. Vide 2 John. Ch. R, 100; 6 Pick. R. 418; 1 Sumn. R. 401; 7 Conn. R. 152; 5 N; H. Rep. 30; 1 Hayw. R. 482; 5 Han. R. 554; 5 Yerg. 240; 2 Pick. R. 40; 4 Pick. R. 6; 2 Gallis. 154; 9 Cow n s R. 346; 4 Greenl. R. 495; Bouv. Inst. Index, h. t.
FOREHAND RENT, Eng. law. A species of rent which is a premium14 given by the tenant15 at the time of taking the lease, as on the renewal16 of leases by ecclesiastical corporations, which is considered in the nature of an improved rent. 1 T. R. 486; 3 T. R. 461; 3 Atk. 473; Crabb. on R. P. §155.
