RECOVERY, in law, the name of a species of conveyance of great effect and much utility. Common recoveries were invented by the ecclesiastics, to elude the statutes of rnortmain ; and afterwards en couraged by the courts at law, in order to put an end to all fettered inheritances, and bar not only all estates tail, but also all remainders and reversions expectant thereon. A common recovery-is so far like a fine, that it is a suit or action, either actual or fictitious ; and in it, the lands are recovered against the tenant of the freehold ; which recovery, by a sup posed adjudication of the right, binds all persons, and vests a free and absolute fee simple in the recoverer. And a com mon recovery is now looked upon as the best assurance, except an act of parlia ment, that purchasers can have.
There must be three persons at least to make a common recovery, a recoverer, recoveree, and a vouchee. The reco verer is the plaintiff or dernandant, that brings the writ of entry. The recoveree is the defendant or tenant of the land, against whom the writ is brought. The vouchee, is he whom the defendant or te nant voucheth or calls to warranty of the land in demand, either to descend the tight, or to yield him other lands in value, according to a supposed agree ment. And this being by consent and permission of the parties, it is therefore said that a recovery is suffered.
A common recovery may be had of such things, for the most part, as pass by a fine. An use may be raised upon a re covery, as well as upon a fine ; and the same rules are generally to be observed and followed for the guiding and direct ing the uses of a recovery, as are observ ed for the guidance and direction of a fine. That is to say, that when a fine is levied, or a recovery is suffered, a deed is blade between the parties really inte rested, which declares the purposes of the fine or recovery, and this deed is called a deed to lead or to declare the uses, according as it is made before or af ter the fine or recovery. To enter at full into the learning of fines and recove ries, would be impossible in a general dictionary. It is sufficient to say, that both of them are in the nature of a sham suit, while one of which is compromised, and the other carried on to judgment by default between the parties really inte rested, and the use of them is to enable a married woman to make a good convey ance, and a tenant in tail to turn his es tate into an estate in fee, or as it is called, to dock or bar the entail. See FINE and ESTATE.