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Thus if a tenant in tail suffered a recovery (without voucher, and therefore not a “common” recovery), and the recoveror was duly put in seisin by the court, it would nevertheless be possible to destroy its effects, for if the erstwhile tenant in tail disseised the recoveror, died seised, and his issue inherited, then the issue is remitted to the entail. 2 It was perfectly clear that a recovery by a tenant for life could have little effect; remaindermen and the reversioner after him could intervene, and even if they did not, they might treat his suffering a recovery as a forfeiture; at the most, failing any entry on their part, it seems that remainders and reversions were only thereby discontinued, and not barred. 3 A statute of Henry VIII cleared up this situation by making the recovery absolutely void unless it was made with the consent of the remainderman or reversioner. 4 It seems, however, that the statute was evaded by tenants for life alienating to a stranger who then suffered a recovery in which he vouched the tenant for life, “to the great prejudice” of those in remainder or reversion: hence an act of Elizabeth 5 avoided all recoveries by a tenant for life, including those where the tenant for life came in as vouchee, unless the consent of the remainderman or reversioner appeared on the record.

Pages: 506

Publisher: Gale ECCO, Print Editions (June 10, 2010)

ISBN: 1170793010

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