Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/373

 Ch. 21. by it. Yet where a tranger, whoe preumption cannot thus be punihed, officiouly interferes in an etate which in no wie belongs to him, his fine is of no effect; and may at any time be et aide (unles by uch as are parties or privies thereunto ) by pleading that "partes finis nihil habuerunt." And thus much for the conveyance or aurance by fine: which not only like other conveyances binds the grantor himelf, and his heirs; but alo all mankind, whether concerned in the transfer or no, if they fail to put in their claims within the time allotted by law.

IV. fourth pecies of aurance, by matter of record, is a common recovery. Concerning the original of which, it was formerly oberved, that common recoveries were invented by the eccleiatics to elude the tatutes of mortmain; and afterwards encouraged by the finee of the courts of law in 12 Edw. IV. in order to put an end to all fettered inheritances, and bar not only etates-tail, but alo all remainders and reverions expectant thereon. I am now therefore only to conider, firt, the nature of a common recovery; and, econdly, it's force and effect.

1., firt, the nature of it; or what a common recovery is. A common recovery is o far like a fine, that it is a uit or action, either actual or fictitious: and in it the lands are recovered againt the tenant of the freehold; which recovery, being a uppoed adjudication of the right, binds all perons, and vets a free and abolute fee-imple in the recoveror. A recovery therefore being in the nature of an action at law, not immediately compromied like a fine, but carried on through every regular tage of proceeding, I am greatly apprehenive that it's form and method will not be eaily undertood by the tudent, who is not yet acquainted with the coure of judicial proceedings; which cannot be thoroughly explained, till treated of at large in the third book of thee commentaries. However I hall endeavour to tate it's nature and progres, as clearly and conciely as I can; avoid- Rh