Disclaimer

A disavowal: a renunciation; as. for example, the act by which a patent e renounces part of his title of invention. Of Estates. The act by which a party refuses to accept an estate which has been conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-tru his estate, and relieves himself of the trust: 1 Hill. R, P. ■■•.•"•!: Watson v. Watson, 13 Conn. 83; Jackson v. Richards, 8 Cow. (N. 17. Of Tenancy. The act of a person in pos- & M. 672. An affirmation, by pleading or otherwise, in a court of record, that the reversion is in a stranger. It works a forfeiture of the lease at common law; Co. Litt. 251; 1 Cruise, Dig. 109; but not, it is said, in the United States; 1 Washb. R. P. 93. Equity will not aid a tenant in denyin his landlord's title; Peyton v. Stith, 5 Pet. (U. S.) 486, 8 L. Ed. 200. In Patent Law. A declaration in writing, filed under the patent laws, by an inventor whose claim as filed covers more than that of which he was the Original inventor, renouncing such parts as he does not claim to hold. See Patent. In Pleading. A renunciation by the defendant of all claim to the subject of the demand made by the plaintiff. In Equity. It must, in general be accompanied by an answer; Ellsworth v. Curtis, 10 Paige, Ch. (N. Y.) 105; 2 Russ.45S; 2 Y. & C. 546; Worthington v. Lee, 2 Bland, Ch. (Md.) 678; and always when the defendant has so connected himself with the matter that justice cannot be done otherwise; 9 Sim. 102. It must renounce all claim in any capacity and to any extent; Bentley v. Cowman, 6 G. & J. (Md.) 152. It may be to part of a bill only, but it must be clearly a separate and distinct part of the bill; Story, Eq. PI. § 839. A disclaimer may, in general, be abandoned, and a claim put in upon subsequent discovery of a right; Cooper, Eq. PI. 310. At Law. In real actions, a disclaimer of tenancy or estate is frequently added to the plea of non-tenure; Littleton § 391; Porter v. Rummery, 10 Mass. 64. The plea may be either in abatement or in bar; Prescott v. Hutchinson, 13 Mass. 439; Olney v. Adams, 7 Pick. (Mass.) 31; as to the whole or any part of the demanded premises; Stearns, Real Act. 193. At common law it is not pleaded as a bar to the action, nor is it strictly a plea in abatement, as it does not give the plaintiff a better writ. It contains no prayer for judgment, and is not concluded with a verification. It is in effect an offer by the plaintiff to yield to the claim of the demandant and admit his title to the land; Stearns, Real Act. 193. It cannot, in general, be made by a person incapable of conveying the land. It is equivalent to a judgment in favor of the demandant, except when costs are demanded; Prescott v. Hutchinson, 13 Mass. 439; in which case there must be a replication by the demandant; Favour v. Sargent 6 Pick. (Mass.) 5; no formal replication is requisite; Bratton v. Mitchell, 5 Watts (Pa.) 70. See 1 Washb. R. P. 93.