Legal Definitions - discontinuance

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.