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162 Disclaymer.
DIsclaimer, is where the Lorde distraineth his tenant; and hee sueth a re∣pleuin, and the lord anow∣eth the taking by reason that hee holdeth of him, if the tenaunt say that he dis∣claimeth to hold of him, this is called a disclaimer, and if the lord thereupon bring a writ of right sur disclay∣mer, and it be foūd against the tenant hee shall lose his land. Also if one bringeth a precipe against two other for the land, and the tenant disclaimeth and saith, that hee is not thereof tenaunt, neither claymeth any thing therein, then the other shal haue y• whole land. But if the Precipe be brought a∣gainst one alone, and hee disclaimeth as is aforesaid, the writte shall abate, and yet the demaundant maie enter unto the lande and holde it in his rightfull e∣state; although his entrie was not lawfull.