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LSDefine

Simple English definitions for legal terms

feigned recovery

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A quick definition of feigned recovery:

Feigned recovery, also known as common recovery, was a complicated legal process used in the past to transfer land ownership. It involved a tenant in tail disentailing a fee-tail estate by suing the actual owner. This allowed a potential transferee who was barred by law from receiving land to "recover" the land. Common recoveries were abolished in the 19th century and were originally created by the clergy to avoid land-conveyance restrictions imposed by mortmain acts. The process involved legal fictions and collusion between parties, making it a dishonest way to transfer land ownership.

A more thorough explanation:

Feigned recovery is a legal term that refers to an old legal process called common recovery. It was a complicated process that allowed a tenant in tail to disentail a fee-tail estate. The process involved legal fictions and was used to facilitate land transfer by allowing a potential transferee who was barred by law from receiving land to "recover" the land by suing the actual owner.

Here's an example of how common recovery worked:

Let's say A owned a piece of land that he wanted to sell to B. However, A couldn't sell the land to B because of the law that prevented the transfer of land to certain people. To get around this, A and B would collude to bring a legal action against each other. B would claim that he owned the land and demand recovery of it. A would respond by claiming that he had acquired the land from C and that C had warranted title to the land. When A demanded that C defend the title, C would admit falsely that he had warranted the title. C would allow B to take a default judgment against A for the recovery of the land, and A would obtain a default judgment against himself, C, for the recovery of land of equal value. The result of this legal maneuver was to leave B with title to the land in fee simple and to leave A with his judgment against C.

Feigned recovery was abolished early in the 19th century, but it was an important legal process in the past. It was originally concocted by the clergy as a way to avoid the land-conveyance restrictions imposed by mortmain acts.

feigned issue | Feist doctrine

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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