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Simple English definitions for legal terms
discontinuance
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A quick definition of discontinuance:
Discontinuance is when someone stops a lawsuit voluntarily or dismisses it. It can also refer to when someone with an estate-tail gives away more land than they are allowed to, which can cause problems for the rightful heir.
A more thorough explanation:
Definition: Discontinuance is the termination of a lawsuit by the plaintiff, either by voluntary dismissal or nonsuit. It can also refer to the termination of an estate-tail by a tenant in tail who conveys a larger estate in the land than is legally allowed.
Example 1: A plaintiff decides to withdraw their lawsuit before a verdict is reached. This is known as a voluntary dismissal or discontinuance.
Example 2: A tenant in tail conveys a larger estate in the land than is legally allowed, such as making a feoffment in fee-simple, for the life of the feoffee, or in tail. This is also known as discontinuance.
These examples illustrate how discontinuance can refer to the termination of a legal action or the termination of an estate-tail. In both cases, the action or estate is ended prematurely or in a way that is not legally allowed.