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Common Recovery

Legal Definition and Related Resources of Common recovery

Meaning of Common recovery

A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit, which recovery, being a supposed adjudication of the right, binds all persons, and vests a free and absolute fee simple in the recoveror. A common recovery is a kind of conveyance, and is resorted to when the object is to create an absolute bar of estates tail, and of the remainders and reversions expectant on the determination of such estates. 2 Bl. Comm. 357. Though it has been used in some of the states, this form of conveyance is nearly obsolete, easier and less expensive modes of making conveyances, which have the same effect, having been substituted. 2 Bouv. Inst, notes 2092, 2096, 7 N. H. 9; 9 Serg. & R. (Pa.) 390; 2 Rawle (Pa.) 168; 4 Yeates (Pa.) 413; 1 Whart. (Pa.) 151; 6 Mass. 328.

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This definition of Common Recovery is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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