Discontinuance

A cessation, intermission, interruption or suspension.

Co, Litt, 325 a.

Litt, sect. 592. ''An ancient word in the law," and of divers sigmfications. Id. ihid. The omission of a continuance. See infra.

DiSCONTINUANCB OP AN EsTATE

The termination or suspension of an estate tail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled to do.

2 Bl, Com, 275. 3 /</. i 7 1.

An alienation made or suffered by tenant in tail, or by any that is seised in auter droit, whereby the issue in tail, or the heir or successor, or those m reversion or remtunder, are driven to their action, and cannot enter.

Co. Litt, 825 a.

Mr. Preston calls it " the cesser of a seisin under an estate, and the acquisition of a seisin under a new, and necess^y a wrongful title." Preston on Merger, ch. ii. Discontinuance is mentioned by Blackstone as a species of ouster of the freehold; and its operation formerly was, to take away entirely the right of entry, and put the issue and those in reversion and remainder, to the necessity of bringing a real action.

3 Bl, Com. 167.

Termes de la ley.

1 Steph. Com. 431, note. But now, by statute 3 A 4 Will. IV. c. 27, s.

89, no discontinuance shall take away any right of entry.

1 Steph, Com. 522, 523.

So that the titie by discontinuance seems to be abolished, in Eng-, lish, as in American law.

3 Id. 485. 2 Crabb's Real Prop. 1064, § 2456. 2 Arch. iVT. Prius, 301. 1 i^. F. Rev. Stat. [726], 720, § 32.

DiscoNTiNUANOB. lu practice. The termination of an action at law by the volun< tary act of the plaintiff, and which is tisnally effected bj entering a common rule for that purpose.

1 Tidd*8 Pr. 679. 2 Arch. Pr. 234.

This cannot» however, be done without the payment of the defendant's costs, unless bj consent or on a settlement, <fec. Id. ibid. And sometimes, not without leave of the court.

Arch, K, Pract, 306.

A nonprot (q. Y.) is sometimes termed a discontinuance. The termination of an action, in consequence of the plaintiff's omitting to continue the process or proceedmgs by proper entries on the record.

3 Bl, Uom, 296. I Tidd*8 Pr, 678. 2 Arch, Pr, 283.

See Continuance. With the disuse or abolition of continuances this has become obsolete.

Arch, N, Pract. 305, 306.

In pleading. That technical interruption of the proceedings in an action which follows where a defendant does not answer the whole of the plaintiff's declaration, and the plaintiff omits to take judgment for the part unanswered.

Steph, PL 216, 217.