Warrantia Chartae

An ancient and now obsolete writ, which was issued when a man was enfeoffed of land with warranty, and then he was sued or impleaded in assize or other action, in which he could not vouch or call to warranty. It was brought by the feoffor pending the first suit against him, and had this valuable incident, that when the warrantor was vouched, and judgment passed against the tenant, the latter obtained judgment simultaneously against the warrantor, to recover other lands of equal value. Termes de la Ley; Pitzh. Nat. Brev. 134; Dane, Abr. Index; 2 Rand. (Va.) 141, 148, 156; 4 Leigh (Va.) 132; 11 Serg. & R. (Pa.i 115; Viner, Abr.; Co. Litt. 100; Hob. 22^ 217. WARRANTIZARE EST DEFENDERE ET acquietare tenentem, qui warrantum vocavit. In seisina sua; et tenens de re warrant! excambium habebit ad valentiam. To warrant is to defend and insure in peace the tenant, who calls for warranty, in his seisin; and the tenant in warranty will have an exchange in proportion to its value. Co. Litt. 365.