Author Topic: Indenture leading to a recovery 14 aug 1599  (Read 690 times)

Offline clayton bradley

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Indenture leading to a recovery 14 aug 1599
« on: Monday 16 October 17 21:40 BST (UK) »
Between Thomas Thorpe of Yewtrees, John Thorpe of Yewtrees his son, Edward Broadley of Shelf and Samuel Hoile of Hoilehouse fee simple to be invested in John Thorpe and his heirs for ever.

This looks like a dowry, but Edward's daughter Alice Broadley didn't marry John Thorpe. She married Peter Thorpe at Halifax in 1602.
I don't understand the phrase "leading to a recovery". Please could someone explain it simply? thanks, cb
Broadley (Lancs all dates and Halifax bef 1654)

Offline mutchall

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Re: Indenture leading to a recovery 14 aug 1599
« Reply #1 on: Tuesday 17 October 17 09:49 BST (UK) »
Until someone more knowledgeable comes along there are these resources:

https://www.familysearch.org/wiki/en/Genealogical_Dictionary_of_Legal_Terms
https://legal-dictionary.thefreedictionary.com/recovery

Quote
Recovery, Common - A collusive or fictitious action at law carried to a termination and not compromised as in a fine, the effect being to effectually break an entail and destroy all remainders and reversions and give a fee simple.

Offline clayton bradley

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Re: Indenture leading to a recovery 14 aug 1599
« Reply #2 on: Tuesday 17 October 17 21:43 BST (UK) »
Thank you very much. I had Googled it and looked at several entries without being any the wiser.cb
Broadley (Lancs all dates and Halifax bef 1654)

Offline Bookbox

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Re: Indenture leading to a recovery 14 aug 1599
« Reply #3 on: Tuesday 17 October 17 21:49 BST (UK) »
There's a plain-English description here, with a sample document and transcription ...

https://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/freehold/commonrecovery.aspx


Offline clayton bradley

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Re: Indenture leading to a recovery 14 aug 1599
« Reply #4 on: Sunday 22 October 17 18:10 BST (UK) »
Thank you, Bookbox. That's very useful. I was puzzled partly because the widow Grace Broadley's son was not yet 18 and I thought someone had to be an adult to break the entail. Thanks again cb
Broadley (Lancs all dates and Halifax bef 1654)