Taltarum's Case

Taltarum's Case is the name given to a 15th-century English legal case heard in the Court of Common Pleas. The case was long thought to have established the operation of the common recovery, a collusive legal procedure that was, until finally abolished in 1833, an important element of English law of real property. By means of a complex legal fiction, a recovery converted a freehold or copyhold property held in fee tail, which could not be freely sold or disposed of, into an estate in fee simple, which could be disposed without restriction.

Taltarum's Case

Taltarum's Case is the name given to a 15th-century English legal case heard in the Court of Common Pleas. The case was long thought to have established the operation of the common recovery, a collusive legal procedure that was, until finally abolished in 1833, an important element of English law of real property. By means of a complex legal fiction, a recovery converted a freehold or copyhold property held in fee tail, which could not be freely sold or disposed of, into an estate in fee simple, which could be disposed without restriction.