Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/378

 362 by her huband or any of his ancetors. And by tatute 14 Eliz. c. 8, no tenant for life, of any ort, can uffer a recovery, o as to bind them in remainder or reverion. For which reaon, if there be tenant for life, with remainder in tail, and other remainders over, and the tenant for life is deirous to uffer a valid recovery; either he, or the tenant to the praecipe by him made, mut vouch the remainder-man in tail, otherwie the recovery is void: but if he does vouch uch remainder-man, and he appears and vouches the common vouchee, it is then good; for if a man be vouched and appears, and uffers the recovery to be had, it is as effectual to bar the etate-tail as if he himelf were the recoveree.

all recoveries it is neceary that the recoveree, or tenant to the praecipe, as he is uually called, be actually eied of the freehold, ele the recovery is void. For all actions, to recover the eiin of lands, mut be brought againt the actual tenant of the freehold, ele the uit will loe it's effect; ince the freehold cannot be recovered of him who has it not. And, though thee recoveries are in themelves fabulous and fictitious, yet it is neceary that there be actores fabulae, properly qualified. But the nicety thought by ome modern practitioners to be requiite in conveying the legal freehold, in order to make a good tenant to the praecipe, is removed by the proviions of the tatute 14 Geo. II. c. 20. which enacts, with a retropect and conformity to the antient rule of law, that, though the legal freehold be veted in leees, yet thoe who are intitled to the next freehold etate in remainder or reverion may make a good tenant to the praecipe: and that, though the deed or fine which creates uch tenant be ubequent to the judgment of recovery, yet, if it be in the ame term, the recovery hall be valid in law: and that, though the recovery itelf do not appear to be entered, or be not regularly entered, on record, yet the deed to make a tenant to the praecipe, and declare the ues of the recovery, hall after a poeion of Rh