单词 | common recovery |
释义 | > as lemmascommon recovery a. The fact or process of gaining or regaining possession of or a right to property, compensation, etc., by a legal process or judgment; spec. (also common recovery) a process by which entailed estate may be transferred from one person to another, based on a legal fiction involving the collusive default of a third party (now historical). Cf. fine n.1 9b, fine and recovery at fine n.1 Phrases 5.The legal validity of this method of breaking entails (in English Law) rested mainly on a 1472 judicial decision, in Taltarum's case: see Year-bks. Edw. IV (1566) an. 12, Mich. Pl. 25 f. 19. Among the enactments regulating its use, the most important are 7 Hen. VIII, c. 4, 14 Geo. II c. 20, and 3–4 Will. IV c. 74 (which enacted the abolition of common recovery; see quot. 1833). For further information on the early history of common recovery, see J. Biancalana Fee Tail & Common Recovery in Medieval Eng. (2001). ΘΚΠ society > law > transfer of property > types of transfer > [noun] > conveyance of an estate tail > recovery recovery1424 feigned recovery1540 true recovery1607 single recovery1670 retreat?c1682 society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > claim at law > [noun] > fact of succeeding in claim recoverera1325 recover?a1424 recovery1424 1424 in R. R. Sharpe Cal. Let.-bks. London (1909) 291 (MED) If any fele him greved ageyn this establement have be [read he] recoveree a geyn the Shireve of suche grevaunce to hym done. 1472–3 Rolls of Parl. VI. 4/2 We..graunten..to pay the x part of..the issues and profittes..which eny persone..hath..by any manere execution by any Statute or Recovery extended. 1540 R. Taverner Principal Lawes Customes & Estatutes Eng. f. 94v Common recoueries to be suffered of any landes holden of the king in chiefe. 1594 W. West Symbolæogr.: 2nd Pt. §136 The end and effect of such recoueries, is to discontinue and distroy estates tailes, remainders, and reuersions and barre the former owners thereof. 1604 W. Shakespeare Hamlet v. i. 103 A great buyer of Land, with his Statuts, his recognisances, his fines, his double vouchers, his recoueries . View more context for this quotation 1668 S. Pepys Diary 7 Feb. (1976) IX. 55 Mr. Jackson..hath this day suffered a Recovery on his estate, in order to the making her a settlement. 1741 Act 14 Geo. II c. 20 (title) An act to amend the law concerning common recoveries. 1766 W. Blackstone Comm. Laws Eng. II. 358 The subsequent proceedings are made up into a record or recovery roll. 1833 Act 3 & 4 William IV c. 74 (title) An act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance. 1861 H. S. Maine Anc. Law viii. 289 Those famous Fines and Recoveries which did so much to undo the harshest trammels of the feudal land-law. 1951 A. Koestler Age of Longing i. i. 9 Your hand..is on lend-lease to a vicious old man; it is my recovery grant, or whatever you call it. 1995 Times Sc. Law Rep. 18 Apr. 34/1 The Scottish court would grant the patentee an order for the recovery of documents necessary for him to aver precisely how his patent was allegedly being infringed. < as lemmas |
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