DOUBLE VOUCHER

DOUBLE VOUCHER

double voucher. In a common-recovery suit, a voucher first by the fictitious tenant to the real tenant, and then by the real tenant to the common vouchee. See COMMON RECOVERY.

¡°The recovery, here described, is with a single voucher only; but sometimes it is with double… or farther voucher, as the exigency of the case may require. And indeed it is now usual always to have a recovery with double voucher at the least; by first conveying an estate of freehold to any indifferent person, against whom the praecipe is brought; and then he vouches the tenant in tail, who vouches over the common vouchee. For, if a recovery be had immediately against tenant in tail, it bars only such estate in the premises of which he is then actually seised; whereas if the recovery be had against another person, and the tenant in tail be vouched, it bars every latent right and interest which he may have in the lands recovered.¡± 2 William Blackstone, Commentaries on the Laws of England 359 (1766).


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