186 LAW AND POLITICS. 



Suppose David Edwards be tenant of a freehold, 

 and desires to suffer a common recovery to bar all 

 entails, remainders, and reversions, and to convey the 

 same in fee simple to Francis Golding. 



To effect this, Golding sues out a writ alleging 

 that the defendant, Edwards, has no title* to the land 

 in question ; having come into possession of it after 

 one Hugh Hunt had turned the petitioner out of it. 

 The tenant (Edwards) calls on Jacob Moreland, (the 

 vouchee,) who is supposed originally to have war- 

 ranted the title, to appear and defend the title, which 

 he does. Golding then desires to speak with the 

 vouchee in private, which is permitted ; the conse- 

 quence of which is, that Moreland, the vouchee, dis- 

 appears, and makes default. Upon this event judg- 

 ment is given for Golding, now called the recoveror, 

 to recover the lands from Edwards, who, on his side, 

 has judgment for an equivalent in land from More- 

 land. But this last, who is usually the cryer of the 

 court, and common vouchee, having no lands, 

 Edward has of course only a nominal recompense 

 for the lands recovered against him by Golding, to 

 whom seisin is delivered by the sheriff. This collu- 

 sive recovery operates as a conveyance in fee simple 

 from Edwards, the tenant in tail, to Golding, the 

 purchaser. 



These ingenious fictions were invented by the ec- 

 clesiastics to evade the statute of mortmain, and in 

 order to put an end to all fettered inheritances. 



Sergeants at Law. 



As sergeants (sergente, Italian) at law are supposed 

 to be most learned and experienced, there is one 

 court appropriated for them to plead in, which is the 



* This allegation appears to be a perfect master-piece of im- 

 pudence, when it is the very confidence in the justice of Ed- 

 wardw's title that makes Golding become the purchaser. 



