Vouch

To call in; to require a warrantor to defend the title; to summon. Voucher, or vouchor: one who calls his warrantor in to defend the title. Vouchee: a warrantor summoned to defend the title which he warranted. Voucher is a word of art, used when the tenant in a writ of right called another into the court who was bound to him to warranty; and was either to defend the right against the demandant, or yield him other lands to the value, &c. And it extended to lands or tenements of freehold or inheritance, and not to any chattel real, personal, or mixed: he that vouched was called the voucher, and he that was vouched is the vouchee; and the process whereby the vouchee was called was a summoneas ad warrantizandum. There was also a foreign voucher, when the tenant being impleaded within a particular jurisdiction, as in London, vouched one to warranty in some other county out of the jurisdiction of that court, and prayed that he might be summoned, &c. Jacob. Vouching to warranty, in the old form of real action for the recovery of land, was the calling in of some person to answer the action, who had warranted the title of the tenant or defendant to the land in question. If the vouchee appeared, he was made if he afterwards made default, recovery might then be had against the original defendant, who in his turn might recover over an equivalent in value against the deficient vouchee. This was the form used in common recoveries, which were grounded on a writ of entry, — a species of action that relied chiefly on the weakness of the tenant's title. The tenant thereupon vouched the warrantor, or person who had warranted the title. The process of calling the vouchee was styled a summoneas (or summons) ad warrantizandum. Modey Sf W.