Non-tenure to this action may be pleaded either with ot without disclaimer. In this plea there is much surplusage. It would have been enough to allege that, at the time of suing the writ, he did not hold, never since has held, and now does not hold the tenements demanded. In its present form it is substantially a pieu of non-tenure with disclaimer, and, being demurred to, it is sufficient to defeat the plaintiff’s suit (2).
[Prout vs. Libbey, 14 Mass. 151.— Ed.]