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LSDefine

Simple English definitions for legal terms

common recovery

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A quick definition of common recovery:

Common recovery was a complicated legal process used to transfer land ownership from one person to another. It involved a person suing the actual owner of the land and falsely claiming to own it themselves. The owner would then claim to have acquired the land from someone else who would also falsely claim to have warranted the title. This would result in the person suing being granted ownership of the land, while the original owner would receive a judgment against the person they claimed to have acquired the land from. Common recoveries were abolished in the 19th century and were originally created to avoid restrictions on land conveyance.

A more thorough explanation:

Common recovery is a legal process that was used in the past to transfer land ownership. It involved a tenant in tail disentailing a fee-tail estate. The process was full of legal fictions and was abolished in the early 19th century.

The process allowed a potential transferee who was barred by law from receiving land to "recover" the land by suing the actual owner. This was done by bringing a real action against the owner, claiming falsely that the claimant owned the land and demanding recovery of it. The owner would then respond by claiming falsely that they had acquired the land from someone else and that the person had warranted title to the land. The person who warranted title would then admit falsely that they had done so. The result of this process was to leave the claimant with title to the land in fee simple and to leave the owner with a judgment against the person who warranted title.

For example, if A owned a piece of land in fee tail, but wanted to sell it to B who was barred by law from receiving land, A could use common recovery to transfer the land to B. A would collude with B and C, who had no land, to bring a real action against A claiming that B owned the land. A would then claim that they had acquired the land from C and that C had warranted title to the land. C would admit falsely that they had warranted title. B would then take a default judgment against A for the recovery of the land, and A would obtain a default judgment against C for the recovery of land of equal value. The result of this process was to leave B with title to the land in fee simple and to leave A with their judgment against C.

Common recovery was originally concocted by the clergy as a way to avoid the land-conveyance restrictions imposed by mortmain acts.

common plea | common-return days

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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