Warranty

VOUCHER TO.

In old practice. The calling a warrantor into court by the party warranted (when tenant in a real action brought for recovery of such lands), to defend the suit for him (Co. Litt. 101b; Comyn, Dig. "Voucher" [A 1]; Booth, Real Actions, 43; 2 Saund. 32, note 1), and the time of such voucher is after the demandant has counted. It lies in most real and mixed actions, but not in personal. Where the voucher has been made and allowed by the court, the vouchee either voluntarily appears, or there issues a judicial writ (called a summons ad warrantizavdum,), commanding the sheriff to summon him. Where he, either voluntarily or in obedience to this writ, appears and offers to warrant the land to the tenant, it is called entering into the warranty; after which he is considered as tenant in the action, in the place of the original tenant. The demandant then counts against him de novo, the vouchee pleads to the new count, and the cause proceeds to issue. WARREN (Ger. wahren; Pr. garenne). A place privileged by prescription or grant of the king for the preservation of hares, conies, partridges, and pheasants, or any of them. Termes de la Ley. An action lies for killing beasts of warren inside the warren; but they may be killed damage feasant on another's land. 5 Coke, 104. It need not be inclosed. 4 Inst. 318.