Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/33

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Ch. 2.
Wrongs.
21

no remedy by action[1]: as if the iſſue in tail be barred by the fine or warranty of his anceſtor, and the freehold is afterwards caſt upon him; he ſhall not be remitted to his eſtate tail[2]: for the operation of the remitter is exactly the ſame, after the union of the two rights, as that of a real action would have been before it. As therefore the iſſue in tail could not by any action have recovered his antient eſtate, he ſhall not recover it by remitter.

And thus much for theſe extrajudicial remedies, as well for real as perſonal injuries, which are furniſhed by the law, where the parties are ſo peculiarly circumſtanced, as not to be able to apply for redreſs in the uſual and ordinary methods to the courts of public juſtice.

  1. Co. Litt. 349.
  2. Moor. 115. 1 And. 286.