The Sun.
London, England, 1829-06-25 00:00:00

vouches the tenant in tail,-
the ,iminediate estate of freehold, and that person
and he vouches over
anoPier person, the recovery bars all estates tal
of or to which the tenant in tail is, or ever was,
seized or entitled, and the remainders and rever-
sion. This recovery is called a Recovery with
double Voucher. If there are two estates tail
existing at one time in distinct persons, the unc
being derived out of the other, a recovery with
treble voucher is sometimes sulTered, although
the necessity of such a recovery is considered
doubtful. In this case the writ is brought by
the demandant against some person who has the
immediate estate of freehold, not being either of

the tenants in tail, and that person vouches the
tenant of the derivable estate tail, who vouches

over the tenant of the original estate tail, and he
vouches over another person. The person
solely vouched, or last vouched, is always some
officer of the Court where the recovery is suffered,
and he is called the Common Voucher. It is

not usual to suffer a recovery with single voucher.
In the case of a recovery with double or treble
voucher, the person having the first estate of.
freehold conveys it to a stranger to make
him tenant to the preecipe ; the tenant must
appear in Court either personally or by
attorney, and therefore some person in the
habit of attending the Court where the re-
covery is suffered is usually made the tenant, in
order to save the expellee and delay ofa commissioli
of dedinzus potestatent, which Must be incurred
if the tenant appeared by attorney. It is not
necessary that the demandant should appear in
Court, but every vouchee must appear in Court,
either in person or by attorney, The demandailt
has judgment to recover the 'mid against th
tenant, and the tenant has judgment tO recover
of his vouchee land of equal value in raPomz
- _ •

pense for the land lost by his default ; and if
there are several successive vouchees, each per-

son vouching has judgment to . recover 01 his
vouchee in like manner. The supposed re,
compence in value to the tenant and vouchee,
or each successive vouchee except the - last, ist
usually assigned as the reason why the issue iu
tail and the remainders and reversion arc barred
by a recovery.
In consequence of its being required that the
tenant to the preecipe should.have the freellohl,
great difficulties are frequently throirn in th 6
way of barring entails, and occasionally ttiriolii.;;
mischiefs arise. So long as the freehold reindif3
in the tenant for life, or if there should be no
tenant for life, in the tenant in tail, who i to
suffer the recovery, there is no difficulty. lint
it often happens that the freehold is in a trustee
or has been aliened by the tenant for life or
tenant in tail, and the person in whom it is vest--
ed cannot be traced, or will refuse to concur. in
making the tenant ; sometimes it is a question
of construction whether the freehold is vested iii
trustees. If under the impression that they
have not the freehold, they are not made to
.ioni
in the conveyance to the tenant; the -recovel4 -
may be void. Not unfrequently, from omitting
to investigate the title- when a recovery is to he
suffered, or from some other cause,' it is not
known that the freehold is ina-ftru-stee, or that
it has been aliened, and front ignorance of.. this
circumstance the recovery is void. These Juis,„
chiefs can only be remedied by obtaining the
concurrence of the person in whom -the freehold
is vested, and suffering a new recovery. If
recovery should be void from want of a proper
tenant.to the prcecipe, and the defect should
be discovered in the life-time of the tenant iv
tail who suffered it, the evil is-incurable, and the
• ,
estate may be lost by the persons cianning under
the recovery. Mr. Prestoh, in hiS Treatise on
Conveyancing; that ~k It-hays
happened that,six.reeoteries have .tbeet tatfihred
to bar 'the- same -estate tail, and:thavtive,of
have 'been- defective Tot want of good: tengtok
to the writ - of , entry, :and the. sixth recovery
though good according to hetter, opinion,
involved the.question, whether a. recovery ,de-..•
fective as against the issue in tail and •those itt
remainder and reversion,. for. want pf„a. good
th
a
treotvapepi
pal
the tnlieorsure,
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sooaiilda sivledecyeti oara
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eicspid:
tschsasen trrdl
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ye bays
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to
in
tenant. to the writ of entry, is . good as between
ofse
.
‘sNulffheenrii'ligteanailt
re-
covery, he is at the mercy of the person,
the freehold, who has it in his power to with- •
hold his assent. There are instances of this
power being abused, and of the person haring
the freehold extorting from the remainder
man a consideration for his concurrence. 'This
sometimes occurs when the freehold continues
in the first tenant for life; who may or may
not be connected with the remainder man,.but it
more frequently occurs when the freehold is vested
in an alienee, who is generally a stranger. There
are cases in which great skill and caution must
be used in making the tenant to the prcecipe, in
order to preserve powers rights and interests
which might otherwise be prejudiced or ex-
tinguished, as the following examples will
spew. If a tenant for life conveys to a tenant to
the prcecipe to enable a remainder man in tail to
suffer tt recovery, he will, without caution, ex-
tinguish the powers annexed to his. estate for
life, and let in upon his own estate the
cumbrances of the remainder man. The expe-
dients adopted to prevent this mischief are ex-
tremely subtle and artificiaL By similar expC-
dients a tenant for life with a contingent remain-
der in tail, either to himself or his children, may
assist a remote remainder man in tail in suffer-
ing a recovery without destroying the contingent
remainder. If a person having either an estate
tail or an estate for life, with a contingent re-
mainder to his children (but, as not unfrequeatly
happens, it is doubful which), is desirous of
barring his supposed estate tail by a recovery,
but at the same time wishes to prevent the for-
feiture of his supposed life estate and the de,
struction of the contingent remainder, a different
contrivance, no less artificial, is resorted to. In
recoveries of copyholds most of these preCautions
are unnecessary. After the demandant has ob-
tained judgment in a recovery, a writ of seisin is
sued out, to be executed by the Sheriff of the
county where the lands lie, and he returns that
he has executed the writ, and delivered seisin of
the lands to the demandant. But this is a false
return, for the writ is never executed, and seisin
is never in fact delivered. So that while the law
requires that the demandant shall recover against
the actual tenant of the freehold, when he has
recovered the lands, it fails in the final ohject
of the action, namely, that of giving him pos-
session. Thus the suit is to commence with
all the formalities of a real action, but to end
with dispensing with the only object of those
formalities, namely, to give to the demandant
the lands sued for.