common recovery

Hist. An elaborate proceeding, full of legal fictions, by which a tenant in tail disentailed a fee-tail estate.

• The action facilitated land transfer by allowing a potential transferee who was barred by law from receiving land to “recover” the land by suing the actual owner. Common recoveries, which were abolished early in the 19th century, were originally concocted by the clergy as a way to avoid the land-conveyance restrictions imposed by mortmain acts.

— Also termed feigned recovery. See MORTMAIN STATUTE. Cf. CESSIO IN JURE; praecipe quod reddat under PRAECIPE.

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词条贡献者

法律翻译Cathy，在一家英国银圈所担任专职法律翻译，擅长翻译有关城市基础设施领域的法律文件。