Severance

The separation of a part of a thing from another; for example, the separation of machinery from a mill is a estate, becomes by the severance personalty, unless such severance be merely temporary. 8 Wend. (N. Y.) 587. In Pleading. When an action Is brought in the name of several plaintiffs, in which the plaintiffs must of necessity join, and one or more of the persons so named do not appear, or make default after appearance, the other may have judgment of severance, or, as is technically called, judgment ad sequendum solum. But in personal actions, with the exception of those by executors, and of detinue for charters, there can be no summons arid severance. Co. Litt. 139. After severance, the party severed can never be mentioned in the suit, nor derive any advantage from it. When there are several defendants, each of them may use such plea as he may think proper for his own defense; and they may join in the same plea, or sever, at their discretion (Co. Litt. 303a), except, perhaps, in the case of dilatory pleas (Hob. ' 245, 250). But when the defendants have once united in the plea, they cannot afterwards sever at the rejoinder, or other later stage of the pleading. See, generally, Brooke, Abr. "Summ. and Sev."; 2 Ro Ue, 488; Archb. Civ. PI. 59. -^

The separation of a part of a thing from another: for example, the separation of machinery from a mill is a severance, and in that case the machinery, which while annexed to the mill was real estate, becomes by the severance personalty, unless such severance be merely temporary. Morgan v. Varick, 8 Wend. (N. Y.) 587. In Pleading. When an action is brought in the name of several plaintiffs, in which the plaintiffs must of necessity join, and one or more of the persons so named do not appear, or make default after appearance, the other may have judgment of severance, or, as it is technically called, judgment ad sequendum solum. But in personal actions, with the exception of those by executors, and of detinue for charters there can be no summons and severance; Co. Litt. 139. After severance, the party severed can never be mentioned in the suit nor derive any advantage from it. When there are several defendants, each of them may use such plea as he may think proper for his own defence; and they may join in the same plea, or sever, at their discretion; Co. Litt. 303 a; except, perhaps, in the case of dilatory pleas; Hob. 245, 250. But when the defendants have once united in the plea they cannot afterwards sever at the rejoinder, or other later stage of the pleading. See, generally, Brooke, Abr. Summ. and Sev.; 2 Rolle 488. because the estate is no longer a Joint tenancy, but is severed. A severance may be effected in various ways, namely: by partition, which is either voluntary or compulsory; by alienation of one of the joint tenants, which turns the estate into a tenancy in common; by the purchase or descent of all the shares of the joint tenants, so that the whole estate becomes vested in one only. Comyns, Dig. Estates by Grant (K. 5); Simpson’s Lessee v. Ammons, 1 Binn. (Pa.) 175, 2 Am. Dec. 425.

Separation, ov division, as in pleading, or among coparceners or joint tenanta

The dissolution or severing of parties to a suit; or of joint tenants or coparceners.

Singling; dividing; disjoining. 1. In pleading at law, when there are several defendants in an action, they may either all plead jointly one and the same defence, or each defendant may plead a separate defence for himself, if he thinks such a course preferable; in which latter case he is said to sever, and his doing so is termed severance in pleading. 2. The word severance is also used to signify the cutting of the crops, such as corn, grass, &c., or the separating of any thing from the realty.

estates. ‘The act by which any one of the unities of a joint tenancy is effected, is so called; becausze the estate 13 no longer a joint tenancy, but is severed. A severance may be effected in various ways; namely, 1, by partition, which ig either voluntary or compulsory; 2, by alienation of one of the jointtenants, which turns the estate into a tenancy in common; 3, by the purchase or descent of all the shares of the joint-tenants, so that the whole estate becomes vested in tone only. Com. Dig. Estates by Grant, K 5; 1 Binn. R. 175.