GO? 
D E F 
cliflelfm, or a difcontinuance, as any other fpecies of wrong 
whatfoev'er, whereby he that hath right to the freehold 
is kept 'out of polTeffion. But, as contradiftinguifhed 
from thefe, it is only fuch a detainer of the freehold 
from him that hath the right of property, but never had 
any polTeffion under that right, as falls not within any of 
thofe terms. As in cafe where a lord has a feignory, and 
lands efcheat to him propter defeElum fanguinis, but the 
feifin of the lands is withheld from him; here the in¬ 
jury is not abatement, for the right veils not in the lord 
as heir or devifee ; nor is it intrufion, for it vefts not in 
him who hath the remainder or reverfion ; nor is it dif- 
feifin, for the lord was never feifed ; nor does it at all 
bear the nature of any l’pecies of difcontinuance ; but, 
being neither of thefe four, it is therefore a deforcement. 
F. N. B. 143. If a man marries a woman, and during the 
coverture is feifed of lands, and aliens, and dies ; is dif¬ 
fered, and dies ; or dies in pofTeflion : and the alienee, 
diffeifor, or heir, enters on the tenements, and doth not 
ailign the widow her dower; this is alfo a deforcement 
to the widow, by withholding lands to which the hath a 
right. In like manner, if a man leafe lands to another 
for a term of years, or for the life of a third perfon, and 
the term expires by furrender, efflux of time, or death 
of the ccfiuy que vie ; and the leflee, or any ffranger, who 
was, at the expiration of the term, in poffeffion, holds 
over, and refutes to deliver the pofTeflion to him in re¬ 
mainder, or reverfion, this is likewife a deforcement. 
Finch L. 263. 
Deforcements may arife upon the breach of condition 
in law ; as, if a woman gives lands to a man by deed, to 
the intent that he marry her, and he will not when there¬ 
unto required, but continues to hold the lands; this is 
fuch a fraud on the man’s part, that the law will not al¬ 
low it to devefl the woman’s right of poffeffion, though 
his entry being lawful, it does devefl the aftual poffef- 
fion, and thereby becomes a deforcement. F. N. B. 205. 
Deforcements may alfo be grounded on the difability of 
the party deforced ; as, if an infant do make an alienation 
of his lands, and the alienee enters and keeps pofTeflion ; 
now, as the alienation is voidable, this pofTeflion, as againft 
the infant, (or, in cafe of his deceafe,.as againft his heir,) 
is, after avoidance, wrongful, and therefore a deforcement. 
Finch. L. 264. The fame happens when one of non-fane 
memory aliens his lands or tenements, and the alienee 
enters and takes poffeffion, this may alfo be a deforce¬ 
ment. F. N. B. 202. 
Another fpecies of deforcement is, when two perfons 
have the fame title to land, and one of them enters and 
keeps poffeffion againft the other, as where the anceflor 
dies feifed of an eflate in fee-fimpie, which defeends to 
two lifters as coparceners, and one of them enters before 
the other, and will not fuffer her filter to enter and en¬ 
joy her moiety ; this is alfo a deforcement. Finch. L. 293. 
Deforcement may alfo be grounded on the non-perform¬ 
ance of a covenant real; as, if a man feifed of lands, co¬ 
venants to convey them to another, and neglefts or re- 
fufes fo to do, but continues pofTeflion againft him ; this 
pofTeflion being wrongful, is a deforcement. In levying 
a fine of lands, the perfon, againft whom the fictitious 
aftion is brought, upon a fuppofed breach of covenant, 
is called the deforciant. And, laflly, by way of analogy, 
keeping a man by any means out of a freehold office is 
conftrued to be a deforcement; though, being an incor¬ 
poreal hereditament, the deforciant has no corporal pof¬ 
feffion. So that whatever injurious withholding the pof¬ 
feffion of a freehold is not included under abatement, in¬ 
trufion, diffeifin, or difcontinuance, is comprifed under 
deforcement. 3 Comm. 192. 
DEFOR'CIANT, f. [a law term.] In levying a fine 
of lands, the perfon, againft whom the fictitious aftion 
is brought, is called the deforciant. Blackfone. 
To DEFO'RM, v. a. \_deformo, Lat.] To disfigure; to 
make ugly; to fpoil the form of any thing : 
D E F 
I that am curtail’d of alTfair proportion, 
Cheated of feature by diffembling nature, 
Deform’d , unfinifh’d, fent before my time 
Into this breathing world, fcarce half made up. Shakcfp, 
Wintry blafts 
Deform the year delightlefs. , Thomfon. 
To dilhonour ; to make ungraceful.—Old men with duft 
deform’d their hoary hair. Dryden. 
DEFO'RM, adj. [ dformis, Lat.] Ugly; disfigured; 
of an irregular form : 
So fpake the griefly terror; and in ffiape, 
So [peaking and fo threatening, grew tenfold 
More dreadful and deform. Milton. 
DEFORMA'TION,yi [deformatic, Lat.] A defacing; 
a disfiguring. 
DEFORM'ED, part. adj. Ugly; wanting natural 
beauty. 
DEFORM'EDLY, adv. In an ugly manner. 
DEFORM'F.DNESS,yi Uglinefs; adifagreeableform. 
DEFOR'MITAS,y". [front dtformo, Lat. to disfigure.] 
A term with anatomifts to any disfiguration of body born 
with a perfon, and not produced by accident. 
DEFOR'MITY, f. [ dformitas , Lat.] Uglinefs; ill- 
favourednefs: 
Where fits deformity to mock my body, 
To fliape my legs of an unequal fize, 
To difproportion me in every part, Shakcfpcare. 
Ridiculoufnefs ; the quality of fomething worthy to be 
laughed at, or cenfured.—In comedy there is fomewhat 
more of the worfe likenefs to be taken, becaufe it is often 
to produce laughter, which is occafioned by the fight of 
fome deformity. Dryden.~ Irregularity ; inordinatenefs.— 
No glory is more to be envied than that of due reforming 
either church or (late, when deformities are fuch, that the 
peturbation and novelty are not like to exceed the benefit 
of reforming. King Charles. 
DEFOR'SOR,yi [from forceur, Fr.] One that over¬ 
comes, and cafteth out by force. A law term. Blount. 
DEFOS'SION,/! [front the Lat. de, of; and fodeo, to 
dig.] The puniffintent of beir-g buried alive. AJh. 
To DEFRAUD', v. a. [ dijraudo, Lat.] To rob or de¬ 
prive by a wile or trick; to cheat; to cozen; to de¬ 
ceive ; to beguile; with of before the thing taken by 
fraud.—That no man go beyond and dfraud his brother 
in any matter, becaufe that the Lord is the avenger of 
all fuch, as we alfo have forewarned you and teftified. 
Thejf. iv. 6.—My fon, defraud not the poor o/diis living, 
and make not the .needy eyes to wait long. Ecclus. iv. 1. 
There they, who brothers better claim difown. 
Expel their parents, and ufurp the throne ; 
Defraud their clients, and, to lucre fold, 
Sit brooding on unprofitable gold. Dryden. 
DEFR AUDA'TION, f. \_defraudo, Lat.] Privation 
by fraud.—Their impoftures are worfe than any other, 
deluding not only into pecuniary defraudations , but the 
irreparable deceit of death. Brown. 
DEFRAUD'ER,yi A deceiver ; one that cheats : 
The profligate in morals grow fevere, 
Defrauders j uft, and fycophants fincere. Blackmere. 
To DEFRAY', v. a. \_dcfrayer, Fr.] To bear the 
charges of; to difeharge expences.—He would, out of 
his own revenue, defray the charges belonging to the fa- 
crifices. i Mlctc. ix. 16.—-To fatisfy.—That nought but 
due revenge his anger mote defray. Spcrfcr. 
D E FR A Y' E R, yi One that difeharges expences. 
DEFR AY'MENT,yi The payment of expences. 
DEFRICA'TION, f. [from the Lat. de, from; and 
frico, to rub.] The aft of rubbing off. Aft. 
DEFT, adj. [baspr, Sax.] Objolete. Neat; bandfome; 
fpruce. Proper; fitting.—You go not the way to ex- 
1 amine: 
