A Dictionary of the English Language
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Abate (common law)

View Scan · View Transcription · from page 54

View Scan · View Transcription · from page 54

To Abate. [in common law]

It is in law used both actively and neuterly; as, to abate a castle, 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 take his possession, and so keepeth him out. Wherefore, as he that putteth out him in possession, is said to disseise: so he that steppeth in between the former possessor and his heir, is said to abate. In the neuter signification thus; The writ of the demandment shall abate, that is, shall be disabled, frustrated, or overthrown. The appeal abateth by covin, that is, that the accusation is defeated by deceit. Cowel.

Sources: Cowell, John (42)

Attributes: None (44)

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Cite this page: Johnson, Samuel. "Abate (common law)." A Dictionary of the English Language: A Digital Edition of the 1755 Classic by Samuel Johnson. Edited by Brandi Besalke. Last modified: November 23, 2013. https://johnsonsdictionaryonline.com/abate-common-law/.

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