chapter[1]. This is called the recompenſe, or recovery in value. But Jacob Morland having no lands of his own, being uſually the cryer of the court (who, from being frequently thus vouched, is called the common vouchee) it is plain that Edwards has only a nominal recompenſe for the lands ſo recovered againſt him by Golding; which lands are now abſolutely veſted in the ſaid recoveror by judgment of law, and ſeiſin thereof is delivered by the ſheriff of the county. So that this colluſive recovery operates merely in the nature of a conveyance in fee-ſimple, from Edwards the tenant in tail, to Golding the purchaſor.
The recovery, here deſcribed, is with a ſingle voucher only; but ſometimes it is with double, treble, or farther voucher, as the exigency of the caſe may require. And indeed it is now uſual always to have a recovery with double voucher at the leaſt; by firſt conveying an eſtate of freehold to any indifferent perſon, againſt whom the praecipe is brought; and then he vouches the tenant in tail, who vouches over the common vouchee[2]. For, if a recovery be had immediately againſt tenant in tail, it bars only ſuch eſtate in the premiſes of which he is then actually ſeiſed: whereas if the recovery be had againſt another perſon, and the tenant in tail be vouched, it bars every latent right and intereſt which he may have in the lands recovered[3]. If Edwards therefore be tenant of the freehold in poſſeſſion, and John Barker be tenant in tail in remainder, here Edwards doth firſt vouch Barker, and then Barker vouches Jacob Morland the common vouchee; who is always the laſt perſon vouched, and always makes default: whereby the demandant Golding recovers the land againſt the tenant Edwards, and Edwards recovers a recompenſe of equal value againſt Barker the firſt vouchee; who recovers the like againſt Morland the common vouchee, againſt whom ſuch ideal recovery in value is always ultimately awarded.
