Popular Law Library Putney volume 6

Cover Popular Law Library Putney volume 6
Popular Law Library Putney volume 6
Albert H Putney
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2, Bl. Com. , 358, 359, Pig. Rec. , 56; 1 Prest. Conv. , 8. The person against whom the writ is brought is called the tenant; the person suing the writ is called the demandant, as he claims or demands the premises as his right and in- heritance, alleging that the tenant had deceised him, or at least had come in under the disseasor, or in the post. The tenant then calls on the re- mainder-man, or the person under whom he claims, to war- rant his title, which is denom- inated vouching the person,... who is thence called the vouchee. The vouchee either vouches over, or makes default. On default made, judgment is given that the demandant re- cover against the tenant, and that the tenant recover against the vouchee or warrantor, and so on, which is called the recov- ery in value, or recompense, and is always supposed to go as the lands would have gone if they had not been recovered; though indeed, this recompense is merely nominal, and, the judgment to recover in value is mere form. When the prsecipe is brought immedi- ately against the tenant in tail, it only bars him of the estates of which he is then actually seized.

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