Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/375

 Ch. 21. chapter. This is called the recompene, or recovery in value. But Jacob Morland having no lands of his own, being uually the cryer of the court (who, from being frequently thus vouched, is called the common vouchee) it is plain that Edwards has only a nominal recompene for the lands o recovered againt him by Golding; which lands are now abolutely veted in the aid recoveror by judgment of law, and eiin thereof is delivered by the heriff of the county. So that this colluive recovery operates merely in the nature of a conveyance in fee-imple, from Edwards the tenant in tail, to Golding the purchaor.

recovery, here decribed, is with a ingle voucher only; but ometimes it is with double, treble, or farther voucher, as the exigency of the cae may require. And indeed it is now uual always to have a recovery with double voucher at the leat; by firt conveying an etate of freehold to any indifferent peron, againt 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 againt tenant in tail, it bars only uch etate in the premies of which he is then actually eied: whereas if the recovery be had againt another peron, and the tenant in tail be vouched, it bars every latent right and interet which he may have in the lands recovered. If Edwards therefore be tenant of the freehold in poeion, and John Barker be tenant in tail in remainder, here Edwards doth firt vouch Barker, and then Barker vouches Jacob Morland the common vouchee; who is always the lat peron vouched, and always makes default: whereby the demandant Golding recovers the land againt the tenant Edwards, and Edwards recovers a recompene of equal value againt Barker the firt vouchee; who recovers the like againt Morland the common vouchee, againt whom uch ideal recovery in value is always ultimately awarded. Rh