INITIAL LETTER PORTRAIT OF WILLIAM III [WILLIAM III (of Orange, 1650-1702, King of Great Britain)]

Fine Exemplification of the Common Recovery with Double Voucher, in Latin with transcription and translation, by Robert Snell, (Demandant), from Nathaniel Athill & Richard Warner, (Tenants to the Praecipe or Writ), of "4 dwellings 4 gardens 60 acres of land 10 acres of meadow and 60 acres of pasture", in North Tuddenham, Elsinge, Lyng, Swanton Morley, Bylaugh and Hockering, villages E or NE of Dereham in Norfolk, heard before Sir George TREBY, (circa 1644-1700, from 1692 Chief Justice of the Common Pleas) or his brethren, and implemented by Richard Mason, Esq., Sheriff of Norfolk, involving William Browne (the original Tenant i.e. Owner in Tail), and John Craike (Common Vouchee), headed by a fine engraved initial letter portrait of William III, surrounded by elaborate penmanship, 8½" x 8", and continuing with a magnificent engraved border embodying the Lion & Unicorn defying Neptune and Jupiter, 6¾" x 20¾", vellum, ruled in red, 19¾" x 29¼" in frame 21½" x 30¾", Westminster, [12th February] 1698, postscript added in Easter fortnight lacking seal, line 19 folded over in order to insert original postscript, obscuring text (easily supplied) and clerk's name

A common recovery converted an 'estate tail', burdened by conditions as to who might inherit, into an 'estate in fee simple', with absolute power to dispose of it. It was based on the doctrine "that the tenant in tail could sell the entailed lands for an estate in fee simple, provided that judgment was obtained in favour of the tenant in tail and his heirs against someone for lands of equal value" and on "the law of warranty as applied in actions for recovery of land" (Jowitt's Dictionary). However, finding such lands was usually impracticable.
Prior to the action, William Browne will have conveyed the estate to friends Athill and Warner for a nominal sum, and procured a further friend, Robert Snell, to sue them for it. Snell claims he had been dispossessed by a fictitious Hugh Hunt. When Athill & Warner call Browne to warrant their ownership, Snell sues Browne. At this point the 'common vouchee' (usually the court crier) claims, untruly, to have sold the lands to Browne, so Snell sues the common vouchee. Snell is granted leave to discuss the matter with the common vouchee outside the court, but the latter never returns. Judgment is given in favour of Browne against the common vouchee for lands of equal value, and in favour of Snell as owner in fee simple. As the common vouchee is a man of no substance he never complies and is not worth suing further. After Snell has obtained seisin from the Sheriff of Norfolk he can return the estate to Browne or dispose of it as arranged.
Common recoveries were abolished in 1833 and replaced by a simple declaration by the owner.

Item Date:  1698

Stock No:  53840      £475

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