§  1669.  If  a  person  is  disseized,  ejected,  or  put  out  of  real  property,  in  a  forci-
ble manner;  or,  after  he  has  been  put  out,  is  held  and  kept  out,  by  force,  or  by
putting  him  in  fear  of  personal  violence,  he  is  entitled  to  recover  treble  damages,
in  an  action  therefor  against  the  wrong-doer.
An  action  of  trespass  under  the  statute,  to  recover  treble  damages
for  the  forcible  disseizin  from  lands,  cannot  be  sustained  unless  there
be  something  beyond  a  mere  trespass —  the  entry  or  detainer  must  be
notorions,  or  personal  violence  must  be  used,  or  there  must  be  threats,
or  menaces  of  violence,  or  other  circumstances  exist  inducing  alarm,  or
terror,  in  the  occupant  of  the  premises.  The  mere  breaking  the  lock
of  an  out-house,  or  even,  it  seems,  of  a  dwelling-house,  is  not  per  se
sufficient  to  maintain  the  action.  Willard  v.  Warren,  17  Wend-
257.  The  owner  of  land  wrongfully  held  oat  of  possession  may,  if
he  can  regain  possession  peacefully,  maintain  it,  and  may  lawfully
resist  an  attempt,  by  the  former  occupant,  to  retake  it;  there  can  be
no   wrongful  entry,  by  the  true  owner,  where  the  entry  was   both


Lis  Pendens.  319

lawful  and  peaceable.  Bliss  v.  Johnson,  T3  N.  Y.  629.  See,  also,
as  to  what  constitutes  a  forcible  entry  and  detainer,  §  2233  of  Code,
and  cases  cited ;  Fiero  on  Special  Proceedings,  295,  etc.
CHAPTER  IX.
[Provisions  applicable  to  two  or  more  of  the  actions  specified  in  title  1  of  chapter  14.]

LIS  PENDENS;  SALES  OP  REAL  ESTATE;  WHEN  INJUNCTION  GRANTED
TO  STAY  WASTE;  WHEN  INFANT  MAY  BRING  ACTION.
