Tit. 8. c. 1.

1 Inst. 270 b.

1 Inst. 273 a.

'Lit. § 460.
1 Inst. 270 b.

Lit.§ 462,&c.

tered on the lands before the execution of the release; for till entry he has only an interesse termini, which is not capable of being enlarged.

35. But if a man makes a lease for life, remainder for life, and the first lessee dies, a release to him in remainder is good before he enters, to enlarge his estate. 36. If A. makes a lease to B. for 'life, and the lessee makes a lease for years, and afterwards A. releases to the lessee for years; it will not enlarge his estate, because there is no privity between A. and the lessee for years. So if a person makes a lease for 20 years, and the lessee makes a lease for 10 years, if the first lessor releases to the second lessee, his release will be void, for want of privity of estate.

37. A release to a tenant at will operates so as to enlarge his estate, because there is a privity between 'him and the lessor. But a release to a tenant at sufferance is void, for want of privity.

38. A release to a cestui que use by the feoffees to 1 Inst. 271 a. uses was sufficient to enlarge his estate; because the cestui que use was tenant at will to the feoffees, and there was a privity between them. From which it may be concluded that a release to a cestui que trust, 'by the trustee, would now operate to enlarge the

1 Inst. 270 b. Tit. 14.

1 Inst. 273 b.

1 Inst. 270.a. n. 3.

estate.

39. A release to a person having an estate by statute merchant, statute staple, or elegit, will operate to enlarge their estates.

40. If a feme covert be tenant for life, a release to her husband will be good; because there is both privity, and an estate in the husband, whereupon the release may enure: for by the marriage, the husband acquired a freehold estate in right of his wife.

41. Lord Coke says, a release which enures by way of enlargement, cannot operate without a posses

sion. This must be understood to mean, not that an actual possession is necessary, but that the releasee has an estate actually vested in him at the time of the release, which is capable of being enlarged by such release. Thus, if a tenant for twenty years makes a lease to B. for five years,, and B. enters, a release to the first lessee is good, for the possession of his lessee was his possession. So if a man makes a lease for years, remainder for years, and the first lessee enters, a release to the person in remainder for years is good, to enlarge his estate.

42. Releases which operate by enlargement of Lit. § 465. estate, require the same technical words of limitation

as feoffments or grants. Thus, if a lessor releases to his lessee for years all his right in the lands, this will only pass an estate for life.

ment.

Lit. § 479,80.

1 Inst. 280 a.

43. In some cases where the release cannot enure Extinguishby way of mitter le droit, it will operate by way of extinguishment. Thus, if a lord releases his seigniory to the tenant, or if a person having a rent or common, releases it to the terre-tenant, these releases are said to operate by way of extinguishment; because the tenant cannot have services or rent to receive of himself; nor can he take common in his own land.

44. If a lease for years be made to commence pre- 1 Inst. 270 a. sently, reserving rent; and before the lessee enters,

the lessor releases to him all his right in the land; ante, § 34. though this cannot enure to enlarge his estate, yet

it will operate as an extinguishment of the rent.

45. Littleton says, if a tenant for life lets the land § 470. over to another, for term of the life of the lessee, remainder over to another in fee, and the lessor, or owner of the inheritance, releases to the person to whom the tenant made the lease, he will be thereby

What may be released.

Lampet's
Case,
10 Rep. 46.

Ten. 53.

for ever barred, though no mention is made of his heirs; for at the time of the release the lessor had no reversion, but only a right to have the reversion. Lord Coke, in his comment on this passage, observes, that the release to the lessee does not enure by way of mitter le droit, for then should he have the whole right; but by way of extinguishment, in respect of him who made the release; and that it shall enure to him in remainder.

46. Not only estates in land, but all interests, rights, and profits arising out of land, or annexed thereto, may be released. It is however a rule of law, that no possibility, right, title, or thing in action, shall be granted or assigned to a stranger ; for that would be the occasion of multiplying suits. Thus Lord C. B. Gilbert says, "A release of all a man's right supposeth that he has a right; for he cannot transfer a right which he has not: if he has nothing, nothing can pass by the conveyance: and it countenanced maintenance to transfer possibilites." Hence a son cannot release to his father's disseisor, in the lifetime of his father, because he has no right to the 1 Inst. 265 a. land then. And in such a case, the son might enter on the land, against his own release.

Lit. § 446.

47. All rights, titles, and actions, may however be released to the terre-tenant, for securing his repose and quiet, and for avoiding suits. Therefore a right or title to an estate of freehold, in præsenti or futuro, may be released in five ways. 1. To the tenant of the freehold in fact, or in law, without any privity. 2. To the person in remainder. 3. To the person entitled to the reversion, without any privity. 4. To the person who has a right only in respect of privity: as if the tenant be disseised, the lord may release his services, in respect of the privity and right, without

any estate. 5. In respect to privity only, without right: as if tenant in tail makes a feoffment in fee, the donee, after the feoffment, has no right; yet in respect of the privity only, the donor may release to him the rent, and all services, saving fealty.

48. A bare authority cannot be released, nor a infra, c. 18. power collateral to the land.

Confirma

tion.

49. A confirmation is of a nature nearly similar to a release. Lord Coke defines it to be-"A convey- 1 Inst. 295 b. ance of an estate or right in esse, whereby a voidable Gilb. Ten. estate is made sure and unavoidable; or where a particular estate is increased.".

75.

50. The first part of this definition may be illustrated by the following case put by Littleton. Where § 516. a person lets land to another for term of his life, who lets the same to another for term of 40 years, by force of which he is in possession; if the lessor for life confirms the estate of the tenant for years, by deed, and afterwards the tenant for life dies, during the term; this deed will operate as a confirmation of the term for years.

51. As to the latter branch of the definition; whenever a confirmation operates by way of increasing the estate, it is similar in every respect to a release that operates by way of enlargement, for there must be privity of estate, and proper words of limitation. Thus in the case put by Littleton, it is said Lit. § 517. that if the lessor for life had released to the tenant for years, in the lifetime of the tenant for life, the release would have been void, for want of privity between the lessor for life, and the tenant for years. 52. The proper technical words of a confirmation are, ratify, approve, and confirm. But Littleton § 531.

H 4

says, that the word dedi, or the word concessi, have the same effect in substance, and shall enure to the same 9 Rep. 142 a. intent, as the word confirmavi. Thus if a disseisee conveys to the disseisor by the words dedi or concessi, it will operate as a confirmation.

Lit § 519, 20.

I Inst. 297 a.

524.

53. No words of limitation are necessary in the case of a disseisin; a confirmation by the disseisee to the disseisor, of his estate, would give him a fee simple without the word heirs; it would be the same if the estate of the disseisee had been confirmed for a day or an hour only.

54. If a disseisor makes a lease for 100 years, the disseisee may confirm parcel of those years, but then it must be by apt words; for he must not confirm the lease or demise, or the estate of the lessee, for then the addition, for parcel of the term, would be repugnant, when the whole was confirmed before ; but the confirmation must be of the land, for part of the term. So may the confirmation be of part of the land as if it be for 40 acres, he may confirm 20, &c. But an estate of freehold cannot be confirmed for part of the estate, for that the estate is entire, and not several, as years are.

55. Littleton says, if a man lets land to another for life, and after confirms his estate which he hath in the same land, to hold his estate to him and his heirs, this confirmation to his heirs, is void; for his heirs cannot have his estate, which was but for term of his life. If he confirms his estate by these words, to have the same land to him and his heirs, this confirmation will give him an estate in fee simple; because it applies to the land, and not to the estate in the land.