Disclaimer

[from dis, priv. and Fr. clamor, to claim; L. Lat. disclaimium, disclamatio, disadvocatio.] A denial, disavowal or renunciation of a title or claim; the relinquishment or waiver of an interest or estate. Disclaimer of tenure in English law, is where a tenant, in an action to recover services, disowns his tenure or disclaims to hold of his lord, which occasions a forfeiture of his estate.

2 BL Com. 275. 3 Id. 233. 1 Steph. Com. 431.

Term£s de la ley.

3 Beeves' Hist. 457.

And in American law, a tenant disclaiming his landlord's title, and claiming the fee himself, is considered as a trespasser and may be ejected.

18 Peters' R. 1.

14 Id. 156* Disclaimer of an estate is the refusal to accept an estate to which a person is entitled. There can be no disclaimer of an estate by the curtesy. 1 Hilliard's Real Prop. 116, and cases cited ibid. Disclaims in equity is where a defendant by his answer renounces all claim to the subject of the demand made by the plaintiflf^s bill.

Story's Equity PI. § 838.

A disclaimer is distinct in substance from an answer, though sometimes confounded with it. But it can seldom be put in without an answer. Id, ibid. Mitford's Chant. PI. 318, (378, Moulton's ed. and notes.)