Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/374

 358 ing, as far as poible, all technical terms, and phraes not hitherto interpreted.

us, in the firt place, uppoe David Edwards to be tenant of the freehold, and deirous to uffer a common recovery, in order to bar all entails, remainders, and reverions, and to convey the ame in fee-imple to Francis Golding. To effect this, Golding is to bring an action againt him for the lands; and he accordingly ues out a writ, called a praecipe quod reddat, becaue thoe were it's initial or mot operative words, when the law proceedings were in Latin. In this writ the demandant Golding alleges, that the defendant Edwards (here called the tenant) has no legal title to the land; but that he came into poeion of it after one Hugh Hunt had turned the demandant out of it. The ubequent proceedings are made up into a record or recovery roll, in which the writ and complaint of the demandant are firt recited; whereupon the tenant appears, and calls upon one Jacob Morland, who is uppoed, at the original purchae, to have warranted the title to the tenant; and thereupon he prays, that the aid Jacob Morland may be called in to defend the title which he o warranted. This is called the voucher, vocatio, or calling of Jacob Morland to warranty; and Morland is called the vouchee. Upon this, Jacob Morland, the vouchee, appears, is impleaded, and defends the title. Whereupon Golding, the demandant, defires leave of the court to imparl, or confer with the vouchee in private; which is (as uual) allowed him. And oon afterwards the demandant, Golding, returns to court, but Morland the vouchee diappears, or makes default. Whereupon judgment is given for the demandant, Golding, now called the recoveror, to recover the lands in quetion againt the tenant, Edwards, who is now the recoveree: and Edwards has judgment to recover of Jacob Morland lands of equal value, in recompene for the lands o warranted by him, and now lot by his default; which is agreeable to the doctrine of warranty mentioned in the preceding Rh