DISCLAIMER ( from disc/aint, OF, dis donor, des/ame r, front dischtmorc, to re. metmee, from Lat. disc-, apart -- chimore, to claim; connected with Lat. cofore, (A, Ma.tir, i,ol< in, to cry aloud). In law, a renunciation, icpudiation, or disavowal of rights, duties, or liabilities by words or conduct. specifically: t 1 ) In actions involving real estate, a renun ciation by a party of his character as tenant of one of the other parties to the action. Where it tenant sets up a claim of title in himself, supe rior to that of his landlord, or alleges that the one of whom he nominally holds possession is not the butter, or has not sufficient interest in the property to execute a valid lease. and refuses to recognize hint as his landlord, it is said to be disclaimer. and. even if not sustained by the proof. works a forfeiture of the lease. A mere verbal refusal to recognize the lessor as landlord is not considered sufficient: it must be made where it will become a matter of record, as in a proceeding involving the right- of the landlord in the property. See EJECTMENT; LANDLORD AND TE:NAM.
(2) The act by a person refuse: to accept an estate which is devised or conveyed to him. This is usually aceomplished by a deed, or other writing, and in order to lie recognized without making application to the court, should be made before the devisee or grantee has in any way, by words or nets, shown assent to the devise nr conveyance, It Most frequently o•ellTs where property is conveyed to one as trustee for an other. and he duos not care to assume the duties and responsibilities of the trust. See EQUITY; TRUST.
eqnity pleading, a written statement by the defendant. disavowing or any
interest in, or claim to, the matters set forth in the complainant's bill. It is a formal mode of defense, and entitles the defendant to it hearing on the as to whether he has any interest or connection with the matters in controversy, and if lie succeeds in establishing that he has he is entitled to an order striking out his name as pally defendant. It does not deny any of the material allegations of the bill and should not be 'used where facts are alleged which, if not controverted. would -how a liability on the part of the defendant. • Usually. therefore, it aecom panics an answer, and the two pleadings are eon sidereel together. See I'Lraoixi:.
( 4) In patent law, a properly attested writ ing stating that the one who it is a patentee of it certain invention, and that he has discovered filing his claim that he was not the first of, and therefore wishes to eliminate from his •laim a part of the thing which he originally ineluded, threnigh mistake or tence, in the speeifieations, or statement of the nature and object of his invention. This should be attested by witnesses filed and recorded in the Patent ()thee, it is considered as a part (1 the original specification-4. The part which he seeks to retain imist he ;dearly ble and dist ingnishable front the part nated, and still be al patentable invention. Fraud or deception in making his original applications will prevent a patentee from taking advantage of this rule. ,See 1N‘EN'TION; PATENT'S; Sl'ECI E1CATION.