Legal Definitions - suffering a recovery

Definition: Suffering a recovery is a historical legal term that refers to the act of a conveyancer allowing a fictitious legal action to be brought by the conveyee for the purpose of conveying land. This allows the conveyee to obtain a judgment for the land in question.

Example: In the past, when land was transferred from one person to another, it was common for the conveyancer to use the process of suffering a recovery. For example, if John wanted to transfer his land to Jane, he would hire a conveyancer who would arrange for a fictitious legal action to be brought by Jane against John. This would result in a judgment being obtained in Jane's favor, which would then be used to transfer the land from John to Jane.

Explanation: Suffering a recovery was a legal process used in the past to transfer land from one person to another. It involved a conveyancer allowing a fictitious legal action to be brought by the conveyee, which would result in a judgment being obtained for the land in question. This process was used to ensure that the transfer of land was legally valid and that the new owner had a clear title to the property.