IN EQUITY. It must, in general be accom panied by an answer ; Ellsworth v. Curtis, 10 Paige, p. Y.) 105 ; 2 Rims. 458; 2 Y. & C. 546; Worthington v. Lee, 2 Bland, Ch. (Md.) 678; and always when the defendant has so connected himself with the matter that justice cannot be done otherwise; 9 Sim. 1,02. • It must renounce all claim in any ca pacity. and to any ,extent; Bentley v. Cow-. man, 6 G. '& J. (Md.) 152. It may be to part of a bill •ily, but it must be clearly a sep arate. distinct part of the bill ; Story, 839. A disclaimer may, in general, he abandoned, and a claim put in upon sub §PlUent discOyery of a right; Cooper, Eq. PI: 3id: n real actions, a disclaimer of tenancy or estate is frequently added to the plea ,of. non-tenure ; Littleton § 391; Porter Bu,mniery, 10 Mass. 64. The plea may he either abatement or in bar ; Prescott v. Hutchinson, 13 Mass. 439 ; Olney v. Adams, 7 Pick. (Mass.) 31; as to the whole or any
part . of the demanded premises; Stearns, Real Act. 193.
At common law it is not pleaded as a bar to the action, nor is it strictly a plea in abatement; as it does not give the plaintiff a writ. It contains no prayer for and is not concluded with a ver ification. It is in effect an offer by the plaintiff to yield to the claim of the demand ant and lachnit his title to' the land ; Stearns, Real Act. IX. It cannot, in general, be made by a incapable of conveying the land. It is. equivalent to a judgment in favordf he demandant, except when costs are demanded ; Prescott v. Hutchinson, 13 Maas. 439; in which case there must be a replication by the demandant ; Favour v. Sargent, 6 Pick. (Mass.) 5 ; no formal repli cation is requisite; Bratton v. Mitchell, 5 Watts (Pa.) 70. See 1 Washb. R. P. 93.