Recover

Recover in United Kingdom

Meaning of Recover

The following is an old definition of Recover [1]: To obtain by judicial action or proceeding. Referring to a note: to collect or obtain the amount, possibly by a suit at law. Applied to debt and demands generally intends action by process and course of law. See Recuperare. Recovery. Obtaining by legal process or proceeding; restoration of a right by judicial award. The actual possession of anything or its value, by judgment of a legal tribunals. Implies adjudication, and receipt of the thing. As to “recover ” is to obtain by course of law, ” recovery ” is obtaining a thing by judgment of a court, as the result of an action brought for the purpose.0 Common recovery. A mode of transferring title to land. Abolished in England by 8 and 4 Wm. IV (1834), c. 74. In the United States, either expressly abrogated or fallen into disuse. Consisted of a suit, actual or fictitious, invented to elude the statute of mortmain and to unfetter inheritances. The land was recovered against the tenant of the freehold This recovery, as a supposed adjudication of the right, bound all persons, and vested an absolute fee-simple estate in the recoverer. A religious house, for lexample, set up a fictitious title. The tenant, by collusion, making no defense, judgment was given for the plaintiff. This was a recovery by sentence of law upon a supposed prior title. In time, the procedure became a common assurance, and a legal mode of conveyance by which a tenant in tail could dispose of his land and tenement. Compare Fine, 1. Former recovery. Previous adjudication; former judgment. Upon a question directly involved, a former recov ery is conclusive in another suit. A plea of former recovery, Whether it be by confession, verdict, or demurrer, is a bar to any new action of the same or the like nature for the same cause. There must be at least one decision on the right. The reason of the rule is, there must be an end to litigation after the merits of a cause have been determined. See further Adjudication.

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Notes and References

  1. Concept of Recover provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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