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A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

To disclaim, disavow; to give up, forego, resign, relinquish.

Renunciation.

Disclaimer, rejection, relinquishment; as, of a right or privilege. A person -named for executor in a will may renounce his right to administer the estate — sometimes called "renouncing probate"— by declining to take upon himself the burden of that office; " and a widow, who declines appointment to settle the estate of her deceased husband is said to renounce or to file her renunciation of the office of administratrix. Compare Abandon; Derelict; Disclaimer. RENTJ A compensation or return, in the nature of an acknowledgment, given for the possession of some corporeal inheritance.

J Moers v

City of Reading, 31 Pa. 201 (1853), Black, Chief Justice. = Russell V, Phillips, 68 E. C. L. *900 (1850), Patterson, Judge. 3 Manning v. Hancock Mut. Life Ins. Co., 100 U. S. 697 (1879). 4 Wilson V. Rousseau, 4 How. 697 (1846); Goodyear u Cary, 4 Blatch. 303 (1859); Pitts v. Hall, 3 id.

304 (1854). s Gault V. Mc(3 rath, 32 Pa. 393 (18 j9). 8 [Ke Application of Maxwell, 3 N. J. E. G14 (1833), Ewing, C. J. ' F. rente: L. L. rendita; nasalized form of L. red- A certain profit issuing yearly out of lands and tenements corporeal. The compensation to be paid for the occupation of land by a tenant, whether he holds under a T -ritten lease, at will, or at sufferance, and whether the amount to be pid has or has not been defined by the parties. Its original is found in the returns in service, grain, cattle, money, etc., made by inferior tenants to their chief feudatories, to enable the latter to perform their military duties without distraction. It is part of the land or thing itself; issues from some inheritance to which the owner or grantee of the rent may have recourse to distrain; is an incorporeal hereditament; and need not issue every successive year, nor be for a sum of money. A sum of money payable periodically for the use of a chattel is not a rent in any legal sense. Rent issues only out of landand must be fixed, definite, and certain in amount, whether payable in money, chattels, or labor. ' It is a niisnomerto call that "rent" which is the agreed price at which goods are to become the property of the person to whom they are bailed.' The ordinary definition of rent, as a profit issuing yearly out of lands and tenements corporeal, does not include all the cases; as, where a fm-nished house or a stocked farm is leased. In every such case the personal property is a part of the consideration, so that it is only by a fictitious accommodation of the case to the defective definition that we can say that the rent issues exclusively out of the land. A rent may issue out of lands and tenements corporeal, or out of them and their furniture.' " Rented," in comrnon use, refers as well to the acj of the lessee as to that of the lessor. Rental. 1. A i-ent-roll: a list of tenants, lauds let, rents, etc. 3. Moneys received or due as rent. At common law, there were three principal kinds of rent: rent-charge, rent-seek, and rent- service — the original kind. (See post.) Ground rent. A rent reserved to himself and his heirs, by the grantor and lessor of land, out of the land itself. Our ground-rent is not granted like an annuity or rent-charge, but is reserved out of a conveyance of * — 1 3 Bl. Com. 41: Coke, Litt. 144. 2 [Kites V. Church, 142 Mass. 589 (1886), Field, J.; Rice V. Loomis, 139 id. 303 (1885). a S Bl. Com. 57, 299; 3 id. 231. 4 3B1. Com. 41. " Commonwealth v. Contner, 18 Pa. 447 (1852), Black, Chief Justice. 6 Bailey u Hervey, 135 Mass. 174 (188 ). T Mickle u Miles, 31 Pa. 21 (1856), Lowrie, J. 8 Gray v. La Fayette Co., 65 Wis. 569 (1886). See also 4 Mich. 577; 51 Miss. 480; 41 N. Y. 483; 14 Barb. 655; 4 Pa. 147; 43 id. 410; 37 Wis. 436; L. R., 10 Ex. 177. As ' the land in fee. Where the reservation is attended by a clause of distress, the land is the debtor. Our ground rent is an ordinary rent-service. '' The right of distress is an incident by force of express power reserved in the deed. - But covenant and distress may be cumulative. All assignees may be joined for arrears accrued after the assignment. The lien of a judgment for arrears relates back to the date of the deed.* Rent-oharge. Where the owner of the rent has no future interest or reversion expectant in the land.* As, when a man by deed makes over to another his whole estate in fee-simple, with a certain rent payable thereout.and adds to the deed a covenant or clause of distress that if the rent be arrere it shall be lawful to distrain for the same. Thus the land is charged with a distress for the payment of the rent.' Rent-seek. Barren rent — reditus siccus. In effect, a rent reserved by deed, but without any clause of distress." Rent-service. Where a tenant held land by fealty, homage, or other service, and a certain material return or rent, delivery of which was enforceable by distress.' Quit rent. See Quit. White rent; black rent. See Blackmail, 1. See generally Annuity; Distress; Eviction; Farm; Income; Landlord; Lease.