Discontinuance

Of Estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in tail, or heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. The term "discontinuance" is used to distinguish those cases where the party whose freehold is ousted can restore it only by action, from those in which he may restore it by entry.

Co. Litt. 325a; 3 Bl. Comm. 171; Adams, Ej. 35-41; Comyn, Dig.; Bac. Abr.; Viner, Abr.; Cruise, Dig. Index; 2 Saund. Index. — ^In Pleading.

The chasm or interruption which occurs when no answer is given to some material matter in the preceding pleading, and the opposite party neglects to take advantage of such omission. See Comyn, Dig. "Pleader" (W); Bac. Abr. "Pleas" (P). It is distinguished from insufficient pleading by the fact that the pleading does not profess to answer all the preceding pleading in a case of discontinuance.

1 Wm. Saund. 28, note. ^— In Practice.

The chasm or interruption in proceedings occasioned by the failure of the plaintiff to continue the suit regularly from time to time, as he ought.

3 Bl. Comm. 296.