Legal Definitions - non demiset

Non demiset is a historical legal term referring to a specific type of defense used in certain lawsuits. It literally means "he did not demise," implying that a valid lease or transfer of property, as alleged by the plaintiff, never actually occurred. This defense was typically raised when the plaintiff's claim for rent or justification for seizing property relied on the existence of a lease, but the defendant denied that such a formal agreement was in place.

Historically, this plea was used in two main contexts:

• In an action for rent: If a landlord sued a tenant for unpaid rent, and the landlord's legal complaint did not specifically state that the lease was a formal written contract (known as an "indenture"), the tenant could use the "non demiset" defense. By doing so, the tenant would argue that no valid lease, as understood in law, existed between them and the landlord, thereby challenging the basis of the rent claim. However, if the landlord had alleged a formal written lease (an indenture), this specific defense could not be used.

• In a replevin action: "Non demiset" was also used in a "replevin action," which is a lawsuit filed to recover personal property that has been wrongfully taken. If a landlord seized a tenant's goods, claiming it was due to unpaid rent (this justification was called an "avowry"), the tenant could use "non demiset" as a defense. The tenant would argue that no valid lease existed, and therefore, the landlord had no right to claim rent or seize their property based on such a claim.

Here are some examples illustrating the application of non demiset:

• Example 1 (Rent Action): Imagine a historical scenario where Mr. Davies allowed his cousin, Mr. Evans, to occupy a small cottage on his estate for several months, with a casual, unwritten understanding that Mr. Evans would contribute a modest sum towards the property's upkeep. When Mr. Evans falls behind on these payments, Mr. Davies decides to sue him for unpaid rent. In his legal complaint, Mr. Davies simply states that Mr. Evans owes him rent, without specifying that their arrangement was a formal written lease (an indenture). Mr. Evans could then raise the non demiset defense, arguing that because there was no formal, legally recognized lease agreement, he was not a tenant in the legal sense, and therefore, Mr. Davies's claim for rent based on a "demise" (lease) was invalid.

  Explanation: This example illustrates non demiset in a rent action. Mr. Evans is denying the existence of a formal lease agreement, which is the foundation of Mr. Davies's claim for rent. Since Mr. Davies didn't allege a formal written lease (indenture), this specific defense would be available to Mr. Evans.

• Example 2 (Replevin Action): Consider a situation where a wealthy landowner, Lady Margaret, believed her groundskeeper, John, owed her rent for a small dwelling he occupied on her property. There was no formal written lease in place, only an informal arrangement. Lady Margaret, frustrated by what she perceived as unpaid dues, decided to seize John's valuable farming tools, claiming she was entitled to do so for the arrears of rent. John, wanting his tools back, initiated a replevin action. In response to Lady Margaret's justification (avowry) for seizing his tools due to unpaid rent, John could use the non demiset plea. He would argue that because no valid lease agreement existed between them, Lady Margaret had no legal right to claim rent from him, and therefore, her seizure of his property was unlawful.

  Explanation: Here, non demiset is used in a replevin action. John is challenging Lady Margaret's right to seize his property by denying the fundamental premise of her action: the existence of a valid lease that would create a rent obligation and justify the seizure.