In this Bracton is confirmed by all the later
authorities. /2/
Another rule on which there are vast stores of forgotten learning
will show how exactly the fiction fell in with the earlier law.
Only those who were privy in estate with the person to whom the
warranty was originally given, could vouch the original
warrantor. Looking back to the early [376] procedure, it will be
seen that of course only those in the same chain of title could
even mediately get the benefit of a former owner's warranty. The
ground on which a man was bound to warrant was that he had
conveyed the property to the person who summoned him. Hence a man
could summon no one but his grantor, and the successive vouchers
came to an end when the last vouchee could not call on another
from whom he had bought. Now when the process was abridged, no
persons were made liable to summons who would not have been
liable before. The present owner was allowed to vouch directly
those who otherwise would have been indirectly bound to defend
his title, but no others. Hence he could only summon those from
whom his grantor derived his title. But this was equally well
expressed in terms of the fiction employed. In order to vouch,
the present owner must have the estate of the person to whom the
warranty was made.
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