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The Fee Tail and the Common Recovery in Medieval England

The Fee Tail and the Common Recovery in Medieval England

$247.00 (C)

Part of Cambridge Studies in English Legal History

  • Date Published: October 2001
  • availability: Available
  • format: Hardback
  • isbn: 9780521806466

$ 247.00 (C)

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About the Authors
  • "Fee tails" were a building block for family landholding from the end of the thirteenth to the beginning of the twentieth century. The classic entail was an interest in land which was inalienable and could only pass at death by inheritance to the lineal heirs of the original grantee. Biancalana's study considers the origins, development and use of the entail, and the origins of a reliable legal mechanism for the destruction of individual entails, the common recovery.

    • Almost entirely based on original sources
    • A comprehensive history of fee tails and an explanation of the origins of the common recovery
    • Includes a catalogue of more than three hundred common recoveries with discussions of their transactional contexts
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    Reviews & endorsements

    "Joseph Biancalana's long needed work on The Fee Tail and the Common Recovery summarizes and explains the origins of fee tails, how they work, and why they continued to be used...fascinating...[This] text is easy to understand, clear, and focused. I recommend it highly to all advanced students and scholars interested in late medieval and early modern English law." Comitatus

    "This book is one of the most impressive works on English land law to have appeared in recent decades." Albion

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    Product details

    • Date Published: October 2001
    • format: Hardback
    • isbn: 9780521806466
    • length: 520 pages
    • dimensions: 216 x 140 x 33 mm
    • weight: 0.81kg
    • availability: Available
  • Table of Contents

    List of abbreviations and abbreviated citations
    Part I. Fee Tails Before De Donis:
    1. Grants in fee tail
    2. The transformation of maritagium
    3. Maritagium and fee tails in the King's court: the development of the formedon writs
    Part II. The Growth of the 'Perpetual' Entail:
    4. Reading De Donis
    5. The statutory restraint on alienation and the descender writ
    6. The duration of entails for reversions and remainders
    Part III. Living with Entails:
    7. The change from maritagium to jointure
    8. The frequency and use of entails
    Part IV. Barring the Enforcement Entails other than by Common Recovery:
    9. The doctrine of assets by descent
    10. The doctrine of collateral warranty
    11. Barring entails by judgment
    Part V. The Origin and Development of the Common Recovery:
    12. The origin and growth of common recoveries
    13. Development of procedure and doctrine
    14. The double voucher recovery
    Part VI. The Common Recovery in Operation:
    15. The uses of recoveries
    16. Social acceptance of the common recovery
    Appendix to Part VI
    Subject and selected persons index
    Index to persons and places in appendix to Part VI.

  • Author

    Joseph Biancalana, University of Cincinnati

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