Tenens

A tenant; the defendant in a real action. TENENTIBUS IN ASSISA NON ONERandis. A writ that formerly lay for him to whom a disseisor had alienated the land whereof he disseised another, that he should not be molested in assise for damages, if the disseisor had wherewith to satisfy them. Reg. Orig. 214. TENEO (Lat. I hold). Said by Lord Coke to have the following significations: To have, as an estate. Co. Litt. lb. To hold of some superior. Id. To keep, as a covenant. Id. To bind, as an obligation. Id. To judge or deem. Id. See these senses applied to the word "tenant." Id. See "Tenere." TENER (Law Pr.)

In old English law. To hold. A aver et tener a luy et a ses heires, to have and to hold to him and his heirs. Litt. § 625. To keep. Tener hors de droit heire, to keep out the right heir. Britt. c. 65. TENERE (Lat.) In the Civil Law. To hold. A ^erm expressive of mere fact, without refeopnce to right; or expressive of what was termed corporeal and natural possession. Habere (to have) and possidere (to possess), on the ather hand, were terms expressive of right, or what was termed "civil" possession. Calv. Lex. See "Habere." To observe or keep. Calv. Lex. To bind. Id. To be of force or validity. Id. In Old English Law. To hold by service, in the feudal sense. De tenemento quod de vobis teneo, of the tenement which I hold of you. Bracton, fol. 80; Co. Litt. lb. To hold judicia;ily. Tenere placitum, to Hold plea; to take cognizance of an action; to exercise or entertain jurisdiction. Prohibemus vobis ne teneatis placitum, we prohibit you that you do not hold plea. Reg. Orig. 34. Tenere pladta, to hold pleas; to To hold, or be seised of; to have. Co. Litt. lb. TENERI (Lat.) In contracts. That part of a bond where the obligor declares himself to be held and firmly bound to the obligee, his heirs, executors, administrators, and assigns, is called the teneri. 3 Call (Va.) 350. TENET (Lat. he holds).

In pleading. A term used in stating the tenure in an action for waste done during tenancy. When the averment is in the tenet, the plaintiff, on obtaining a verdict, will recover the place wasted, namely, that part of the premises in which the waste was exclusively done, if it were done in a part only, together with treble damages. But when the averment is in the tenuit, the tenancy being at an end, he will have judgment for his damages only. 2 Greenl. Ev. § 652.

I.

In old English law. A tenant; a holder; one who holds; the defendant in a real action.

I. The tenant. Tener,/?-., Tenere, /. To hold; to keep. Tenet, tenuit: he holds, he has held; v. Waste. Tenor est qui legem dat feudo, I. The tenure regulates the law of the feud.