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REBUTTER

Volume 17 · 139 words · 1815 Edition

(from the Fr. bonter, i.e. repeller, to put back or bar), is the answer of defendant to plaintiff's surrejoinder; and plaintiff's answer to the rebutter is called a surrebutter; but it is very rare the parties go so far in pleading.

Rebutter is also where a man by deed or fine grants to warranty any land or hereditament to another; and the person making the warranty, or his heir, sues him to whom the warranty is made, or his heir or assignee, for the same thing; if he who is so sued plead the deed or fine with warranty, and pray judgment, if the plaintiff shall be received to demand the thing which he ought to warrant to the party against the warranty in the deed, &c. this is called a rebutter. And if I grant to a tenant