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Simple English definitions for legal terms

feigned recovery

Read a random definition: General Counsel's Memorandum

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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no no it's not. But I wouldn't clerk conservative, so idk about Chi #s for myself
cumsock
15:42
Penn
texaslawhopefully
15:42
I guess that's fair. From what I've heard UChicago for conservatives is on par w/ HYS for clerkships
texaslawhopefully
15:42
not sure about for liberals
cumsock
15:43
They’re very similar tho
cumsock
15:43
Both t6 ivies
Is that NYU disrespect???? NYU out the t-6?
15:44
Penn because my college friends who mentored me go there
lilypadfrog
15:45
NYU is a t6 unless they don’t accept me and then idgaf what they’re ranked
texaslawhopefully
15:46
That's the best mentality
texaslawhopefully
15:46
If I get into UChicago it will be CYS
lilypadfrog
15:48
waspy I’m sure he meant to clarify that CYS is Cornell Yale Stanford
yeah just making sure
I look really good in blue tho
obviously cornell is t3
cumsock
15:49
someone from my undergrad is going to columbia for a masters in social work and the way they are talking to me im pretty sure they think thats as hard to get accepted to as columbia law
every prof at cornell glazes it so hard
GreyCeaselessMammoth
15:50
i know so many heads going to various schools for random masters degrees and its like babe its not the sameeee
cumsock
15:50
"The acceptance rate for the Master of Science in Social Work (MSW) program at Columbia University is 74%" does he know?
15:50
@cumsock: some battles are won by avoiding fighting them
cumsock
15:51
im not i just wish normies knew its not the same
Trismegistus
15:51
i need chicago so badly
15:51
for suresies
lilypadfrog
15:52
llama do you think we’re besties? I kinda think we’re besties
JumpySubsequentDolphin
15:52
@GreyCeaselessMammoth: PLS I know a girl who got a master’s at Columbia for some random niche thing and she told EVERYBODY SHES GOING TO COLUMBIA LAW SCHOOL
GreyCeaselessMammoth
15:52
WHAT???
15:53
@JumpySubsequentDolphin: I can respect the hustle.
GreyCeaselessMammoth
15:53
penn r
GreyCeaselessMammoth
15:53
called it
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