Barton's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1210
King's Bench Division
barton's case. 3. In a writ of error sued in the King's Bench by Kandal Barton, upon a fino levied at Lancaster, 7 Eliz. of land in Smithall, and elsewhere in the county of Lancaster, by Eobert Barton Esquire, to Leven and Browndo, where this writ was brought by the said Eandal as heir in full to the said Eobert, to wit, son of Ealph, brother of the said Eobert. The defendant plead a recovery in bar thereof had after the fine, in which the said Eobert waa vouched, who vouched over the common vouchee : and by all the Court this common recovery with such double voucher (which is the common assurance of lands) is a bar by reason of the voucher, to every manner of right which the vouchee, or his heir by means of him is to have to this land, which is paramount the recovery. And so it is of every manner of way where by they are otherwise to come to the land before the recovery. And if the recovery be erroneous, it remains a good bar until it be avoided by error. But if the recovery be void, or the voucher not warranted to [101] be, pursuing the appearance of the tenant, but precedent to it, as was pretended, and so no tenant to warrant the voucher when the voucher was made, the recovery shall be no bar in such a case; and the case here was informed to be this, for the writ of entry bears date 1 Mar. 7 Eliz. returnable Die Lunce in 4. septimana quadragessimce prox. futur. and the voucher was made in 4. septimana quadragessimce, 1 Eliz. the said first day of March, being the first week of this Lent, 7 Eliz. And upon this it was inferred that the tenant was not to appear until Monday in the fourth week of Lent, 8 Eliz. which is a long time after that the voucher appealed and vouched...
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