Double Voucher

A voucher which occurs when the person first vouched to warranty comes in and vouches over a third person. See a precedent, 2 Bl. Comm. Appendix V. p. xvii. The necessity for double voucher arises when the tenant in tail is not the tenant in the writ, but is tenant by warranty; that is, where he is vouched, and comes in and confesses the warranty. Generally speaking, to accomplish this result a previous conveyance is necessary, by the tenant in tail, to a third person, in order to make such third person tenant to a writ of entry. Prest. Conv. 125, 126.

A voucher which occurs when the person first vouched to warranty comes in and vouches over a third person. See a precedent, 2 Bla. Com. App. V. p. xvii.; Voucher. The necessity for double voucher arises when the tenant in tail is not the tenant in the writ, but is tenant by warranty; that is, where he is vouched, and comes in and confesses the warranty. Generally speaking, to accomplish this result a previous conveyance is necessary, by the tenant in tail, to a third person, in order to make such third person tenant to a writ of entry. Pres. Conv. 125, 126.

This was when a common recovery was had, and an estate of freehold was first conveyed to any indifferent person against whom the prœcipe was brought, and then he vouched the tenant in tail, who vouched over the common vouchee. Foe, if a recovery were had immediately against a tenant in tail, it barred only the estate in the premises of which he was then actually seised, whereas, If the recovery were had against another person, and the tenant in tail were vouchee, it barred every latent right and interest which he might have in the lands recovered. 2 Bl. Comm. 359.
—-Double waste. When a tenant bound to repair suffers a house to be wasted, and then unlawfully fells timber to repair it, he is said to commit double waste. Co. Litt. 53.

Defined under Double in Black's Law Dictionary.

This was when a common recovery was had, and an estate of freehold was first conveyed to any indifferent person against whom the pracipe was brought, and then he vouched the tenant in tail, who vouched over the common vouchee. For, if a recovery were had immediately against a tenant in tail, it barred only the estate in the premises of which he was then actually seised, whereas, if the recovery were had against another person, and the tenant in tail were vouchee, it barred every latent right and interest which he might have in the lands recovered, 2 Bl. Comm. 359,

In a common recovery. A voucher over; a voucher by a party who had himself been vouched.* It was formerly usual, first to convey an estate of freehold to some indifferent person, against whom the praecipe was brought; and then he vouched the tenant in tail, who vouched over the common vouchee. Id. ibid. See Voucher.