Common Recovery in United States
Common Recovery Definition
A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit, which recovery, being a supposed adjudication of the right, binds all persons, and vests a free and absolute fee simple in the recoveror. A common recovery is a kind of conveyance, and is resorted to when the object is to create an absolute bar of estates tail, and of the remainders and reversions expectant on the determination of such estates. 2 Bl. Comm. 357. Though it has been used in some of the states, this form of conveyance is nearly obsolete, easier and less expensive modes of making conveyances, which have the same effect, having been substituted. 2 Bouv. Inst, notes 2092, 2096, 7 N. H. 9; 9 Serg. & R. (Pa.) 390; 2 Rawle (Pa.) 168; 4 Yeates (Pa.) 413; 1 Whart. (Pa.) 151; 6 Mass. 328.
Common Recovery in Foreign Legal Encyclopedias
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Common Recovery | Common Recovery in the World Legal Encyclopedia. |
Common Recovery | Common Recovery in the European Legal Encyclopedia. |
Common Recovery | Common Recovery in the Asian Legal Encyclopedia. |
Common Recovery | Common Recovery in the UK Legal Encyclopedia. |
Common Recovery | Common Recovery in the Australian Legal Encyclopedia. |
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Common Recovery | Common Recovery in the Family Law Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the IP Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Commercial Law Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Criminal Law Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Antritrust Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Constitutional Law Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Tax Law Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Employment and Labor Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Common Recovery | Common Recovery in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit, which recovery, being a supposed adjudication of the right, binds all persons, and vests a free and absolute fee simple in the recoveror. A common recovery is a kind of conveyance, and is resorted to when the object is to create an absolute bar of estates tail, and of the remainders and reversions expectant on the determination of such estates. 2 Bl. Comm. 357. Though it has been used in some of the states, this form of conveyance is nearly obsolete, easier and less expensive modes of making conveyances, which have the same effect, having been substituted. 2 Bouv. Inst, notes 2092, 2096, 7 N. H. 9; 9 Serg. & R. (Pa.) 390; 2 Rawle (Pa.) 168; 4 Yeates (Pa.) 413; 1 Whart. (Pa.) 151; 6 Mass. 328.
Notice
This definition of Common Recovery is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.