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LEASE

Volume 11 · 185 words · 1815 Edition

Scots Law. See Tack.

Lease and Release, a species of conveyance used in the English law, first invented by Serjeant Moore, soon after the statute of uses, and now the most common of any, and therefore not to be shaken; though very great lawyers (as particularly Mr Noy) have formerly doubted its validity. It is thus contrived: A lease, or rather bargain and sale, upon some pecuniary consideration, for one year, is made by the tenant of the freehold to the lessee or bargainer. Now this without any enrolment, makes the bargainer stand seised to the use of the bargainer, and vests in the bargainer the use of the term for a year; and then the statute immediately annexes the possession. He therefore, being thus in possession, is capable of receiving a release of the freehold and reversion, which must must be made to a tenant in possession: and accordingly, the next day, a release is granted to him. This is held to supply the place of livery of seisin; and so a conveyance by lease, and release is said to amount to a feoffment.