Home1797 Edition

RELEASE

Volume 16 · 457 words · 1797 Edition

in law, is a discharge or conveyance of a man's right in lands or tenements, to another that, hath some former estate in possession. The words generally used therein are "remised, released, and forever quit-claimed." And these releases may ensue, either,

1. By way of enlarging an estate, or enlarger's estate; as, if there be tenant for life or years, remainder to another in fee, and he in remainder releases all his right to the particular tenant and his heirs, this gives him the estate in fee. But in this case the releasee must be in possession of some estate, for the release to work upon; for if there be lease for years, and, before he enters and is in possession, the lessor releases to him all his right in the reversion, such release is void for want of possession in the releasee.

2. By way of passing an estate, or passer's estate; as, when one of two coparceners releaseth all his right to the other, this passeth the fee-simple of the whole. And, in both these cases, there must be a privy of estate between the lessor and releasee; that is, one of their estates must be so related to the other, as to make but one and the same estate in law.

3. By way of passing a right, or passer's droit; as if a man be disfranchised, and releaseth to his successor all his right; hereby the successor acquires a new right, which changes the quality of his estate, and renders that lawful which before was tortious.

4. By way of extinguishment: as if my tenant for life makes a lease to A for life, remainder to B and his heirs, and I release to A; this extinguishes my right to the reversion, and shall entitle to the advantage of B's remainder as well as of A's particular estate.

5. By way of entry and seisinment: as if there be two joint successors, and the successor releases to one of them, he shall be sole seised, and shall keep out his former companion; which is the same in effect as if the successor had entered, and thereby put an end to the disfranchisement, and afterwards had enfeoffed one of the successors in fee. And hereupon we may observe, that when a man has in himself the possession of lands, he must at the common law convey the freehold by seisinment and livery; which makes a notoriety in the country; but if a man has only a right or a future interest, he may convey that right or interest by a mere release to him that is in possession of the land; for the occupancy of the releasee is a matter of sufficient notoriety already.