FORM XXXIX.

Recovery voidable for want of the Concurrence of Tenant for Life. Expediency of another Recovery. Consent necessary Parties to join.

AND WHEREAS it is apprehended that the said hereinbefore recited recovery was yoidable as far as the same related to or concerned the said messuage, &c. hereby released, or otherwise assured, or intended so to be, for want of the concurrence of the said J. B. in conveying the freehold of the said messuage, &c to the said H. B.; and it is therefore deemed expedient that another recovery should be suffered. And Whereas the said J. N. and M. his wife are willing to join in the said recovery, and to be vouched for the purpose of barring the estate-tail of the said M. M. in the said messuages, &c. hereby released, &c. And Whereas the said J. S., J. N. and M. his wife, have applied to the said H. B. and J. B. and requested them to join with the said ing the said messuages, &c. hereby unto and to the use of the said

in conveyreleased, &c. his heirs and

assigns, to the intent that he may be tenant of the freehold of the same messuage, &c. and a recovery be suffered thereof, to the use of the said J. S. his heirs and assigns for ever; upon the trusts which by the said last hereinbefore recited indentures of lease and release are declared of and concerning the said messuages, &c. hereby released, &c.

FORM XL.

Recital of Bargain and Sale and Common Recovery, and Declaration of the Uses thereof.

AND WHEREAS by indenture quadrupartite, bearing date on or about the day of made between, &c, and duly inrolled in the court of common recovery suffered in pursuance of a covenant for that purpose contained in the said indenture of bargain and sale, and a declaration of the uses of that recovery in the same indenture of bargain and sale, the said manors, messuages, lands, and hereditaments were discharged from the estatetail of, &c. and limited to the use of the said H. G. and F. G. their heirs and assigns for ever.

on or about the day of and by a

FORM XLI.

Recital of Indentures of Lease, Release, and Common Reco very, and Declaration of Uses.

the year

AND WHEREAS under and by virtue of certain indentures of lease and release bearing date respectively, on or about the and days of in and made or expressed to be made between, &c. and by means of a common recovery duly suffered in pursuance of a covenant or agreement contained in the said indenture of release and a declaration of the uses of that recovery, contained in the same indenture of release, all that manor, and those messuages, &c. hereinafter mentioned and described to be situate in the county of N. and hereby granted, &c. with their and every of their rights, members, and appurtenances were conveyed or otherwise assured, to the use, &c.

AN

ANALYTICAL DIGEST,

BY WAY OF

INDEX

TO THE

PRINCIPAL POINTS

IN THIS VOLUME.

Page

225

. ibid.

ABATEMENT. The freehold is acquired by abatement
A fine by an abator may operate by non-claim
ABATOR. An abator may by his fine, gain a title by
non-claim

224

ABEYANCE. Law careful to avoid abeyance of freehold 44
Quere, If any occupancy of freehold till administra-

tion

ib.

ib.

45

When the administrator is to take as occupant
The freehold of the church is in abeyance during the
of an incumbent

vacancy

See Contingency. Resulting Use

ABSTRACT. When wills of reversioners are to be requir

Should be submitted to conveyancer, when preparing
recovery deed

The return of the writ of seisin should be shewn
ACCELERATION. An estate is accelerated by merger
or surrender

Debts charged on the reversion accelerated by merger 10
ACCEPTANCE of lease rebuts the presumption of a
surrender

ACKNOWLEDGMENT may be before the writ is
sued out

One of the principal parts of the fine
Time of acknowledgment is immaterial

84

275

291

292

ACQUIESCENCE affords presumption of a surrender
ACTION REAL. Recovery is one in form

Discontinuance makes an action to restore the seisin
necessary

Learning of real action to be studied, to understand
the doctrine of common recoveries
Difference between real action and common reco-
veries as to lessees for lives

Page

81

8

13

49

69

All conveyances by tenants in tail are to be avoided
by entry or action

93

171

Rules in real actions

The interest of issue in tail and those in remainder,
&c. is turned into a right of action, by discontinu.

ance

Right of action cannot be transferred

Is not devisable

206,246

206

ib.

ib.

May be extinguished by a release or by fine
Not necessary, that an estate shall be turned into a
right of action to call the statute of non-claim
into operation

When there is a mere right of action, an ejectment
cannot be brought

246

When the remedy is doubtful, a real action is pre-
ferrable to an ejectment.

An entry by a particular tenant, will restore a seisin
to those in remainder, &c. where they have merely
a right of action

247

It is sufficient that an action is brought within five
years, though judgment be not obtained till a sub-
sequent period

An action is necessary only when the title is legal
ADMEASUREMENT. Of parcels there must be an affi-
davit of intention to include them when an applica-
tion is made to amend parcels in a fine, &c. 272,273
ADMINISTRATION. Want of title for want of letters
of administration suspends the statute of non-claim 242
But if it begins to run, it will not be suspended by the
want of letters of administration

ADMINISTRATORS, made occupants
Occupancy till administration

ADVERSE POSSESSION is necessary that a fine may
operate by non-claim

previous fine

228

Till there is a right of entry, there cannot be an ad-
verse possession

238

A subsequent adverse possession, will not support a