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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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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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