common recovery

glossary /

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.

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

What is the legal equivalent of the term common recovery in Chinese?
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