Legal Definitions - voucher to warranty

The term "voucher to warranty" refers to a historical legal procedure. It allowed a person who was being sued over the ownership of land to compel the original seller, who had previously guaranteed the title to that land, to appear in court and defend the lawsuit. Essentially, if you bought land and someone else later claimed it was theirs, you could "vouch" your seller into court to uphold their original promise of good title.

Here are some examples to illustrate this concept:

• Example 1: Medieval Land Dispute

  Imagine in medieval England, Baron Fitzwilliam sells a parcel of land, including a small forest, to Sir Reginald, assuring him of clear and undisputed ownership. Years later, a local Abbot claims an ancient right to a portion of that forest, asserting it was historically part of the monastery's lands, and initiates a lawsuit against Sir Reginald.

  How it illustrates the term: Sir Reginald, facing the Abbot's claim, would issue a "voucher to warranty" to Baron Fitzwilliam. This legal action would compel the Baron to appear in court and defend the title to the forest that he had originally guaranteed to Sir Reginald, rather than Sir Reginald having to defend the claim himself.

• Example 2: Early Modern Property Challenge

  Consider a scenario in 17th-century England where Master Thomas sells a cottage and its surrounding garden to Mistress Eleanor, providing a formal warranty of title that assures her of his full ownership rights. A few years later, a powerful neighboring Lord asserts that a corner of the garden actually falls within his estate due to an old boundary marker dispute and initiates a lawsuit against Mistress Eleanor to reclaim that portion.

  How it illustrates the term: Instead of Mistress Eleanor having to defend the complex historical claim herself, she would use a "voucher to warranty" to summon Master Thomas into court. His obligation, based on his original warranty, would be to appear and defend the validity of the title he transferred to her, proving that the entire garden was rightfully hers to own.