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ABATAMENTUM

Volume 1 · 173 words · 1797 Edition

in law, is an entry to lands by interposition, i.e. when a person dies feised, and another who has no right enters before the heir.

To ABATE, (from the French abattre, to pull down, overthrow, demolish, batter down, or destroy), a term used by the writers of the English common-law both in an active and neutral sense; as, To abate a cattle, is to beat it down. To abate a writ, is, by some exception, to defeat or overthrow it. A stranger abateth; that is, entereth upon a house or land void by the death of him that last possessed it, before the heir takes possession, and so keepeth him out: wherefore, as he that putteth out him in possession is said to disfranchise, so he that stepeth in between the former possessor and his heir is said to abate. In the neuter signification thus: The writ of the defendant shall abate; that is, shall be disabated, frustrated, or overthrown. The appeal abateth by covin; that is, the accusation is defeated by deceit.