Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-05-22T10:48:10.557Z Has data issue: false hasContentIssue false

4 - Barring the enforcement entails other than by common recovery

Published online by Cambridge University Press:  28 July 2009

Joseph Biancalana
Affiliation:
University of Cincinnati
Get access

Summary

The common recovery was an especially strong device for barring entails. Its strength lay not only in its being effective but also in its being easy to use and certain to work. The greater ease and sureness of the recovery becomes apparent when it is compared to other means of barring entails available in the mid-fifteenth century. This chapter explores those other means of barring entails.

To bar an entail meant to prevent anyone with an otherwise good and valid claim under an entail from successfully enforcing his interest under a grant in fee tail. A claimant under an entail who brought an action to enforce his interest might be barred in three ways. First, an heir under an entail might be barred because his ancestor under the entail had granted the land to another with warranty. If the heir under the entail was also that ancestor's heir general, which was frequently the case, the ancestor's warranty would descend to the heir. At common law, the descent of the ancestor's warranty would bar the heir completely from undoing his ancestor's grant. But under De Donis, the heir under the entail was barred only to the extent that lands in fee simple had descended to him from his ancestor. This was the doctrine of assets by descent. Secondly, an ancestor of claimant might have granted or released his right to the land with warranty.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2001

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×