Warranty, Voucher To in United States
Warranty, Voucher To Definition
In old practice. The calling a warrantor into court by the party warranted (when tenant in a real action brought for recovery of such lands) , to defend the suit for him (Co. Litt. 101b; Comyn, Dig. “Voucher” [A 1] ; Booth, Real Actions, 43; 2 Saund. 32, note 1), and the time of such voucher is after the demandant has counted. It lies in most real and mixed actions, but not in personal. Where the voucher has been made and allowed by the court, the vouchee either voluntarily appears, or there issues a judicial writ (called a summons ad warrantizavdum,) , commanding the sheriff to summon him. Where he, either voluntarily or in obedience to this writ, appears and offers to warrant the land to the tenant, it is called entering into the warranty; after which he is considered as tenant in the action, in the place of the original tenant. The demandant then counts against him de novo, the vouchee pleads to the new count, and the cause proceeds to issue.
Warranty, Voucher To in Foreign Legal Encyclopedias
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| Warranty, Voucher To | Warranty, Voucher To in the World Legal Encyclopedia. |
| Warranty, Voucher To | Warranty, Voucher To in the European Legal Encyclopedia. |
| Warranty, Voucher To | Warranty, Voucher To in the Asian Legal Encyclopedia. |
| Warranty, Voucher To | Warranty, Voucher To in the UK Legal Encyclopedia. |
| Warranty, Voucher To | Warranty, Voucher To in the Australian Legal Encyclopedia. |
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Legal Issue for Attorneys
In old practice. The calling a warrantor into court by the party warranted (when tenant in a real action brought for recovery of such lands) , to defend the suit for him (Co. Litt. 101b; Comyn, Dig. “Voucher” [A 1] ; Booth, Real Actions, 43; 2 Saund. 32, note 1), and the time of such voucher is after the demandant has counted. It lies in most real and mixed actions, but not in personal. Where the voucher has been made and allowed by the court, the vouchee either voluntarily appears, or there issues a judicial writ (called a summons ad warrantizavdum,) , commanding the sheriff to summon him. Where he, either voluntarily or in obedience to this writ, appears and offers to warrant the land to the tenant, it is called entering into the warranty; after which he is considered as tenant in the action, in the place of the original tenant. The demandant then counts against him de novo, the vouchee pleads to the new count, and the cause proceeds to issue.
Notice
This definition of Warranty, Voucher To is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
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