recover

1. To obtain by means of judicial proceedings. Recovered: established to be one's right, or obtained by judicial proceedings. Recovery: obtaining by judicial proceedings; also, the award or judgment made in a party's favor is sometimes called the I'ecovery. Recovered, in its general sense, imports a payment compelled by adversary proceedings. Money received by a collector of duties, upon compromising a prosecution for smuggling, instead of prosecuting it to judgment, is not " recovered in pursuance of information given," within the duties collection act of congress of 1799, ch. 22, § 91, providing that of penalties, fines, and forfeitures recovered in pursuance of information given to a collector by any person other than the naval officer or surveyor of the district, the one half of a moiety shall be given to such informer," and the other half to the officers of the revenue. Lapham v. Almy, 13 Allen, 301. But in a peculiar agreement, presented in a New York case, which contemplated adjustment by reference to the results of litigation, the word was held not to be confined to recover}' by judgment alone, but to include moneys repaid by a party submitting to the judicial declaration of the principle adjudged as the proper one to govern such case. Ogden v. Des Arts, 4 Duer, 275. In like manner, "recovery" in its general use means recovery by process and course of law. Jones V. Walker, 2 Paine, 688. But in a special case it was held to mean " collect " or " obtain," as opposed to a recovery by a suit at law. Douglass v. Reynolds, 7 Pet. 113, 126. Whether the words imply actual payment, i.e. collection in money of the fruits award of a judgment or decree, merely, establishing the parties' right, — depends on the context and circumstances. A person may be said to recover on a note when he obtains judgment in his favor, though the amount is not paid. 2. Recovery, or more fully common recovery, otherwise known as feigned recovery, was a method formerly much used in England of transferring title to lands by means of a fictitious suit for them against the owner desiring to convey, who made no defence, so that judgment passed, awarding thera to the intended grantee. See Common Recovery; Fine. The following is an English account of this cumbrous system, which has been formally abolished in England, and generally disused in the United States. Let us suppose Daniel Edwards, tenant in tail in possession of land, to be desirous of suffering a common recovery for the purpose of conveying the land to Francis Golding in fee-simple. Golding then sued out a writ against him, called a,prcecipe quod reddat, — command that he restore, — alleging that Edwards had no legal title to the land. The tenant Golding then appeared, and called on one Jacob Morland, who was supposed to have wan-anted the title to the tenant; and thereupon the tenant prayed that Jacob Morland might be called in to defend the title which he had so wai Tanted. This was called vouching to warranty, and Morland was called the vouchee. Morland appeared and defended the title, whereupon Golding desired leave of the court to imparl or confer with the vouchee in private, which was allowed him; but the vouchee disappeared, and made default, whereupon judgment was given for the demandant Grolding, and the tenant Edwards had judgment to recover from Jacob Morland lands of equal value in recompense for the land warranted by him, and lost by his default; which was called the recompense or recovery in value. But this recompense was only nominal, as Jacob Morland was a person having no land of his own, being usually the crier of the court. The land In later times, it was usual to have a recovery with double voucher, by first conveying an estate of freehold to any indifferent person against whom the praecipe was brought (which was called making a tenant to the prmcipe); and then the tenant in prmcipe vouched the tenant in tail, who vouched over the common vouchee.