Tender Of Issue

The conclusion of a pleading whereby the pleader offers to refer the averments thereof to a trial. The common tender of an issue of' fact is, "and of this he puts himself upon the country." Steph. PI. 54, 230. TENEMENT (from Lat. teneo, to hold). Everything of a permanent nature which may be holden. Its original meaning, according to some, was house or homestead. Jacob. In modern use, it also signifies, rooms let in houses. 10 Wheat. (U. S.) 204.

In its most extensive signification, "tenement" comprehends everything which may be holden, provided it be of a permanent nature; and not only lands and inheritances which are holden, but also rents and profits a prendre of which a man has any frank tenement, and of which he may be seised ut de libera tenemento, are included under this term. Co. Litt. 6a; 2 Bl. Comm. 17; 1 Washb. Real Prop. 10; 17 Pick. (Mass.) 105. But the word "tenement" simply, without other circumstances, has never been construed to pass a fee. 10 Wheat. (U. S.) 204. See 4 Bing. 293; 1 Term R. 358; 3 Term R. 772; 3 East, 113 5 East, 239; 1 Barn. & Adol. 161; Comyn, Dig. "Grant" (E 2), "Trespass" (A 2); 1 Washb. Real Prop. 10. Bracton says that tenements acquired by a villein were as to the lord in the same condition as chattels, because bought with the chattels which rightfully belong to the lord. Bracton, 26.

The concluding phase of a plea offering to submit the controversy to the court or to a jury.

A form of words in a pleading, by which a party offers to refer the question raised upon it to the appropriate mode of decision. The common tender of an issue of fact by a defendant is expressed by the words, "and of this he puts himself upon the country." Steph. PL 54, 230.

Defined under Tender in Black's Law Dictionary.