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]).

A plea by a tenant in a real action, where he is not in fact the tenant of the freehold, denying that he was tenant of the freehold of the land or rent demanded, etc.

An exception to tion, denying that he was terutnt