Nontenure

In pleading. A plea in a real action, by which the defendant asserted that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration (1 Mod. 250); in which case the writ abates as to the part with reference to which the plea is sustained (8 Cranch [U. S.] 242). It may be pleaded with or without a disclaimer. It was a dilatory plea, though not strictly in abatement (2 Saund. 44, note 4; Dyer, 210; Booth, Real Actions, 179; 3 Mass. 312; 11 Mass. 216), but might be pleaded as to part along with a plea in bar as to the rest (1 Lutw. 716; Rast. Entr. 231a, 231b), and was subsequently considered as a plea in bar (14 Mass. 239; 1 Me. 54; 2 N. H. 10; Bac. Abr. "Pleas" [I 9]).