CONVALESCENCE. Recovery in the broadest sense is the restoration of an earlier right by the solemn judgment of a Court of Justice. 3 Murph. 169. 2. A restoration is either true, real, false or common. True recovery, generally known simply as recovery, is the obtaining of a prior right by decision of a competent court; For example, when the judgment is rendered in favour of the plaintiff, when he tries to recover a thing or a right. 3. An ordinary recovery is a judgment obtained in a fictitious action against the tenant of the property as a result of a default of the person who is ultimately guaranteed in such a dispute. Ferry. Treaties, 148. 4. Joint recoveries are considered as mere forms of transfer or joint insurance; Although ordinary recovery is a fictitious debt, the same procedure must nevertheless be followed and all forms must be strictly adhered to in contentious proceedings.
The first thing that must therefore be done to undergo joint reparation is that the person who is supposed to be the plaintiff and to whom the land is to be addressed brings an action against the tenant of the land; Therefore, this tenant is usually referred to as the praecpe tenant. In accordance with this order, the tenant appears in court either in person or through his lawyer; But instead of defending ownership of the land itself, he calls another person who would have justified the title at the time of the original purchase, and prays that the person may be called upon to defend the title he has guaranteed, or otherwise to give the tenant land of equal value to it, which he will lose because of the absence of his guarantee. This is called the vocatia of vouchers or the call of guarantee. The person thus designated to issue the arrest warrant, usually referred to as a guarantor, appears in court, is charged and concludes the guarantee, thereby defending the country. The defendant wants permission from the court to accuse or consult with the guarantor in private, which is of course granted. Shortly after the claim and back to court, but the guarantor disappears or defaults, after which the court suspects that he has no right to the lands claimed in the declaration and therefore cannot defend them; Subsequently, a judgment was rendered that the plaintiff, who is now referred to as the addressee of the claim, should recover the land in question from the lessee and that the lessee lost equivalent land to the guarantor as compensation for the land he so justified and which he has now lost as a result of his non-performance. This is called value offsetting; But since it is customary for the court crier, who is therefore designated as the common guarantor, to act, the tenant can only receive symbolic and not real compensation for the land that the plaintiff has recovered against him. A writ of habere facias was then pursued, addressed to the sheriff of the county in which the land thus recovered was located; And with the execution and return of the request, the collection is complete. The recovery described here is performed with individual documents; But a recovery can and often is suffered with a double, triple or additional coupon, depending on the requirements of the case, in which case there are several judgments against the different guarantors. 5.
Joint collections were invented by the clergy in order to circumvent the mortgage law, which prohibited them from buying or obtaining land or dwelling houses under the pretext of a free gift. They have been used in some states to break the tail of domains. Empty, General, Cruise, Digest,. 36; 2 Saund. 42, No. 7; 4 Kent, Com. 487; Pigot on common recoveries, passim. 6. Any learning about ordinary restorations is almost obsolete because they are no longer used.
Rey, French writer, in his book Des Institutions Judiciaires de l`Angleterre, tom. II. p. 221, underlines what seems absurd to him. For frequent healings, see 9 pp. & R. 330; 3 pp. and R. 435; 1 Yeates, p. 244; 4 Yeates, p. 413; 1 Whart.
139, 151; 2 Rawle, p. 168; 2 Halst. 47; 5 Fair 438; 6 Fair 328; 8 Mass 34; 3 Harr. and John. 292; 6 P. S. R. 45, This term is used to describe the increase in a product. This increase occurs after a decrease or decrease in the value of a product. Often a term that is heard in relation to the stock market. The acquisition of something of value by the judgment of a court following a dispute initiated for this purpose. The term recovery is also used to describe the amount ultimately recovered or the amount of the judgment itself.
n. the amount of money and any other rights or property obtained by a plaintiff in a dispute. French rally, from Old French ralier, from re- + alier to unite – more to ally For example, a person could receive compensation in the form of damages for an injury.
