common recovery

common recovery
In conveyancing, a species of common assurance, or mode of conveying lands by matter of record, formerly in frequent use in England. It was in the nature and form of an action at law, carried regularly through, and ending in a recovery of the lands against the tenant of the freehold; which recovery, being a supposed adjudication of the right, bound all persons, and vested a free and absolute fee-simple in the recoverer. 2 Bl.Comm. 357.
Common recoveries were abolished by the statutes 3 & 4 Wm. IV, c. 74

Black's law dictionary. . 1990.

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  • Common recovery — Recovery Re*cov er*y (r?*k?v ?r*?), n. 1. The act of recovering, regaining, or retaking possession. [1913 Webster] 2. Restoration from sickness, weakness, faintness, or the like; restoration from a condition of mistortune, of fright, etc. [1913… …   The Collaborative International Dictionary of English

  • Common Recovery — A Common Recovery was a fictitious legal proceeding in England to enable an entailed estate in land (also called a fee tail) to be converted into absolute ownership, fee simple. As a preliminary, there needed to be a conveyance of the land. The… …   Wikipedia

  • Common recovery — A common recovery was a fictitious legal proceeding in England to enable an entailed estate in land (also called a fee tail) to be converted into absolute ownership, fee simple. As a preliminary, there needed to be a conveyance of the land. The… …   Wikipedia

  • common recovery — noun : a conveyance of real property through the medium of an action and judgment at law formerly widely used in England as a means of giving a tenant in tail an absolute power to dispose of his estate * * * common recovery A former method of… …   Useful english dictionary

  • common recovery — In conveyancing, a species of common assurance, or mode of conveying lands by matter of record, formerly in frequent use in England. It was in the nature and form of an action at law, carried regularly through, and ending in a recovery of the… …   Black's law dictionary

  • common recovery — A fictitious suit brought by a third person against the holder of an estate in tail with the ultimate object of barring the estate in tail and giving the tenant in tail the power of disposing of the property in fee simple. Dutton v Donahue, 44… …   Ballentine's law dictionary

  • Recovery — Re*cov er*y (r?*k?v ?r*?), n. 1. The act of recovering, regaining, or retaking possession. [1913 Webster] 2. Restoration from sickness, weakness, faintness, or the like; restoration from a condition of mistortune, of fright, etc. [1913 Webster] 3 …   The Collaborative International Dictionary of English

  • common — com·mon 1 adj 1 a: of or relating to a community at large: public common defense b: known to the community a common thief 2: belonging to or shared by two or more persons or things or by all members of a group …   Law dictionary

  • recovery — In its most extensive sense, the restoration or vindication of a right existing in a person, by the formal judgment or decree of a competent court, at his instance and suit, or the obtaining, by such judgment, of some right or property which has… …   Black's law dictionary

  • recovery by double voucher — A form of common recovery wherein the writ was brought against a person to whom a conveyance was made as a matter of form and who vouched the real tenant, the latter vouching the common vouchee …   Ballentine's law dictionary

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