Another way of making a good title so as to legalize and effect a complete sale of property was that known as ‘Sale by Recovery.’ This also consisted of a law-suit, at first real, then imaginary.
FORM OF FINE
The prescribed form was very complicated. Explanations of it are to be found in most books on law subjects, but the matter lies in a nutshell. One man desired to sell certain land which another man was anxious to purchase, whereupon the would-be purchaser issued a writ, in which he pretended to claim the land. At this stage of the affair a third party, not really concerned in any way in it, was brought forward to warrant the title of the real owner, who then came forward bringing a witness proving ownership to his property; thus an undisputable title to the land was established. A deed of recovery was then issued rehearsing the whole transaction, agreeing that a certain sum of money, equivalent to the value of the land, should be paid by the purchaser; and here the bargain was concluded, and the curtain fell on the legal farce.
Some of these recovery deeds are quite works of art. They are written in courthand on large squares of parchment, smooth and white. The heading and capital letter are ornamented with scroll-work in pen and ink. Generally an engraved portrait of the reigning Sovereign was added. Part of this ornamentation was done by hand, and the rest completed with steel engraving. The most elaborate deeds are those of the Stuart monarchs, especially towards the end of the seventeenth century, but after the time of the second George these well-executed deeds disappear.
The oldest statute relating to Recoveries of which I find any mention is of the commencement of the reign of Henry VII., but I have not met with any as early in date as this.
A beginner finds much difficulty in deciding between deeds of sale or appointment of trustees for the safe custody of land to secure marriage portions and deeds of mortgage. All these three deeds are, in point of size and general outline, nearly identical; the experienced lawyer can detect them at once; he needs only to study what is called the operative part of the document, avoiding any waste of time which wading through the technical phrases involves.
One of the commonest forms of deeds met with relative to the sale of land is that known as ‘Lease and Release,’ a method invented by Serjeant Moore in the reign of Henry VIII., which, from its simplicity, speedily became very popular, and superseded the other forms of sale.
The principal deeds referring to a Lease and Release are two in number. The smaller of these is generally found wrapped up within the larger parchment, as the two had to be kept together, being in reality part and parcel of each other. The smaller parchment was the lease drawn up between the parties; by it a formal lease for a year of the premises or land was granted by the owner to the purchaser, but no mention of any rent or sum of money is made in it, and herein is the difference between the sale-lease and an ordinary lease, for in this latter both the term of years and the yearly rental are expressly named.
The ‘Release,’ or larger parchment, is dated a day following the lease which it cancels, hereby gaining its name of ‘release.’ It is in reality the actual deed of sale, for the price paid for the land will be found in it, and a full and complete warranty securing it for ever to the purchaser.