A common vouchee is a fictitious party used in legal proceedings, specifically in actions of common recovery. This party is named by the tenant as their warrantor and grantor. Traditionally, the crier of the court was often designated as the common vouchee during these proceedings. The role of the common vouchee is to facilitate the recovery of property by providing a legal assurance of warranty.
The term "common vouchee" is primarily used in property law, particularly in actions related to recovery of land or property disputes. It is part of the common law tradition and is relevant in civil legal contexts where a tenant seeks to recover property rights. Users can manage related documents and procedures through legal templates available on platforms like US Legal Forms, which provide guidance on the necessary forms and processes.
Here are a couple of examples of abatement:
Example 1: A tenant in a property dispute may file an action of common recovery, naming the crier of the court as the common vouchee to assure the court of their claim to the property.
Example 2: In a hypothetical example, if a tenant believes they have been wrongfully evicted, they might use the common vouchee in their legal action to recover their rights to the property.
Examples of state differences (not exhaustive):
| State | Common Vouchee Practice |
|---|---|
| California | Common vouchee practices are recognized but may vary in application. |
| New York | Common vouchee is used in property recovery actions, similar to other states. |
| Texas | Common vouchee is less commonly referenced in modern practice. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Vouching | A process where a party confirms or guarantees a claim. | Vouching involves real parties, while common vouchee is fictitious. |
| Warrantor | A person who provides a warranty or guarantee. | A warrantor is a real person, whereas a common vouchee is not. |
If you find yourself involved in a property dispute where a common vouchee is relevant, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Use | Property recovery actions |
| Legal Context | Civil law |
| Common Practice | Naming the crier of the court as the vouchee |
A common vouchee is a fictitious party used in legal proceedings to assist in property recovery actions.