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(1 Leo. 303. 323. Ant. 193 b.)

(511)*

LITTLETON. [Sect. 467 272 a.] Diversity herein between a release de mitter le droit, and a release d' enlargir Lestate.

to the lessee, he shall have an estate for thirty years; for one chattel cannot drown another, and years cannot be consumed in years (Q 3).

* But if I release to him and to his heirs, &e. Here it is to be observed, that when a release doth enure by way of enlargement of an estate, no inheritance, either in fee-simple or fee-tail, can pass without apt words of inheritance.

BUT here note, that when a man is seised in feesimple of any lands or tenements, and another will release to him all the right which he hath in the same

(Q3) But this doctrine seems questionable. It is clear that a term of years, derived by way of under-lease, out of a term of years, may merge on their union. Owen, 97 Cro. Eliz. 173. 1 Leon. 303. Poph. Rep. 30. And an estate for years may also merge in another estate in reversion, of the same denomination; and it seems, that the law does not allow of any difference when the reversion is for a longer or shorter space of time, than the former or preceding estate. Shep. Touch. 341, n. Hughes v. Robotham, Cro. Eliz. 302. 4 Bac. Abr. 211. ed. Gwil. And the better opinion appears to be, that one term will merge in another when the more remote term is a remainder. See 3 Prest. Conv. 201-203. It seems clear also, that when two vested terms, one of ten years and another of the reversion for twenty years, vest in A., the estate of the owner of these terms will determine at the end of twenty years at farthest. The more immediate term cannot continue beyond the ten years, and the more remote term must end with the expiration of the twenty years: and the original ten years will expire at the same time that the lease for twenty years is completing the measure of its duration; therefore, even admitting that the terms, in the case above propounded, remain distinct, Lord Coke's conclusion cannot be maintained. But, if it be applied to an actual term for twenty years, and an additional or superadded interesse termini of ten years, to commence after the effluxion of the twenty years, or a term of ten years, and such superadded interesse termini of twenty years, then the termor will have the right of enjoyment for the additional years. Ib. 217, 218. For it is the nature of that species of interest, called an interesse termini, that it does not pass the immediate reversion, although it is granted by the owner of the reversion. It operates by way of contract only, for a term to commence at a future period; and as there is not any present and immediate estate, there cannot be any merger. Hence it is a rule that an interesse termini will neither cause, nor prevent a merger. Ib. 207-212.

In regard to under-leases and their merger, it is observable, that partly as lord or reversioner, and partly as beneficial owner, the whole term, subject only to the under-lease, continues in the reversioner. The sur render of the under-lease merely accelerates the right of possession in the first lessee, by substituting the possession in the place of the seignory or reversion. The merger, too, of a larger term in one of shorter duration, may be accounted for, on the ground, that it is merely a relinquishment of the tenancy, or rather possession, to the person who has the immediate Feversions or. perhaps, remainder. Jb. 218, 219.-[Ed.]

tenements, he needeth not to speak of the heirs of him. to whom the release is made, for that he hath a feesimple at the time of the release made. (And the reason of Littleton hereof is, for that the disseisor hath a fee-simple at the time of the release made. And this appeareth by that which hath been said before, so as regularly he that hath a fee imple at the time of the release made of a right, &c. 'ncedeth not speak of his heirs.) For if the release was made to him (80) for a day or an hour, this shall be as strong to him in law, as if he had released to him and his heirs. For when his right was once gone from him by his release without any condition, &c. to him that hath the feesimple, it is gone for ever.

[COKE, 2748.7 (Anta, 280 as)

LITTLETON.

BUT where (31) a man hath a reversion in feesimple, or a remainder in fee-simple, at the time of [Sect. 468.274 b.]. the release made, there if he will release to the tenant (2) Rol. Abr. 400.)

for years, or for life, or to the tenant in tail, he ought to determine the estate which he to whom the release is made shall have by force of the same release, for that such release shall enure to enlarge the estate of him to whom the release is made (52) (R 3).

(80) et a ses heires, added L. and M. and Roh.

(81) home-un, L. and M. and

Roh.

(82) &c. added L. and M. and Roh.

(R3) Releases, like other conveyances, regularly require words of inheritance; so that unless the release be expressly made to the releasee and his heirs, it will give him an estate for life only. But in releases by extinguishment, as where thelord releases all his right to the tenant, the seignory is extinct without the word "heirs;" for this instrument is to discharge the estate of the tenant, and therefore has a necessary relation. to the estate which the lord at first created, and consequently it refers to those words that in the original of the estate gave him a fee simple. Ante, 9 a. vol. 1. p. 499. So in releases by way of mitter l'estate, words of inheritance are not requisite; as where there are two coparceners or jointtenants, and one of them releases to the other, this gives a fee without the word "heirs," because it refers to the whole fee of which they are jointly seised by virtue of the former feudal contract, and the release only operates as a discharge from the right of another seised under the same contract. Infra, 273 b. So in releases by way of mitter le droit, the word "heirs" is not necessary, because the disseisor is already seised of the inheritance by force of the disseisin. Ante, 276a. n. (H1).-[Ed.]

512 274 b.

LITTLETON.

*Οι τις κιñcient hath been said bef-re

BUT otherwise it is where a man hath but a right Sert.469.47-b 3 to the land, and hath nothing in the reversion for in

*275 a.

the remainder indeed. For if such a mon release all his right to one which is tena t in the fre-ro-d. cil his right is gone, albeit no men'ion be made of the heirs of him to whom the release is made Fur if I let landa 3; to one for term of his life, if I after release *to him to enlarge his catute it behoveth that I release to him and to his heirs of his b Jy engendered. (-4; or to him and his heirs, or by these words. To have and to hold to him and his heirs 5 of his body engendered, 86, or to the heirs mule of his body engendered, or such I'ke estates, or otherwise he hath no greater estate than he had befure.

LITTLETΟΝ.

Port, 327.)

BUT if my tenant for life let'eth the same lond [Sect 470.275 a.] over to another for term of the life of his lessee, the remainder to another in fee, now if I releuse to him to whom my tenant made a lease for term of life '$7), I shall be barred for ev r. albeit that no mention be made of his heirs, for thet at the time of the release made I had no reversion, but only a right to have the reversion For by such a release, and the remainder over, which my tenant made in this case, my reversion was discontinued, (8-) &c. (here di-continue is in a large sense taken for devested, though the entry of the lessor be not taken away, which is implied in this &c.) and this release shall enure to him in the remainder, to have advantage of it, as well as to the tenant for term of life (1).

[COKE, 275 b.] (Post, 327 b.)

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(1) Mere Littleton shows the operation of a release de matter le droit,

FOR to this intent, the tenant for term of life, and LITTLETON. he in the remainder, are as one tenant in law, and [Sect.471.27 b.]

are as if one tenant were sole seised in his demesne as of fee at the time of such release made unto him, &c.

*"Are as one tenant in law." Which is certainly true in this case of remainder; and so it is also in case of a reversion; as if a disseisor make a lease for life, and the disseisee doth release all his right to the lessee, this release shall enure to him in the reversion, albeit they have several estates, as hath been said, which is implied in this (&c.).

(513)*
275 b.

But if a disseisor make a lease for life, the remainder in fee, albeit they to some purposes (as here is said) are as one tenant in law, yet if the disseisee release all actions to the tenant for life, after the death of the tenant for life, he in the remander shall not take benefit of this release, for it extended only to the tenant for life, as it is holden (d) in Edward Altham's case. And in like (d) Lib. 8. fol. 148. manner, if the disseisor make a lease for life, and the Edw. Altham's case. (Post, sect. 494.) disse isee release all actions to the lessee, this enureth not to him in the reversion; and so our author is to be understood of a release of rights, and not of a release of actions, to the tenant for life, as to or for the benefit of him in the remainder or reversion.

Littleton having before spoken of releases which enure by way of enlar_ement, by way of mitter l'estate, and by way of mitter le droit, here speaketh of a release of a right which in some respects enureth by way of extinguishment; as in this case which Littleton here putteth,

when made to the feoffee of the disseisor. The feoffee is in by title; his estate cannot be devested or disaffirmed, but by an act equal to that which created it. A release does not affect his possession or title, but discharges it from the right of the releasor; so that whether the whole fee is in the feoffee, or carved out into particular estates, it remains unaltered by the release, except as it is discharged by it from the right of the releasor-[Butler, Note 239.]

275 a. (Ante, 279.)

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band had a fee-simple, ad nemurta not to have any words of other.Lince.. So it is, if the release had been mave to the wife.

IT 3, When two or more persens became sessed of the same estate by a jount trife, etterty ontract or descent, as wort-tenants or coparceters, ar 1 one of the releases the right to the other, sath release is said to enure by way of malter Festite. For woire two several peтнoся come in by the same teada, contract, one of the may discharge to the other the bericht of such contract by a release, because to notoriety is needral, for there was a sufiment notoriety, the prior feudal cectract. Thus, two coparcenery come into one entire lead, descending from their ancestor, and therefore they may release privately to each other, because they take by the former descent, which established them in posвезет, Without any notoriety. But since cuparceners do aiso transmit distinct estates to their er... Iren, they may also pass their estates by distinct leoffments. But joint-tenarts can only pass their estates to one another by release, for they all come in by the first feudal contract; and therefore a second feoffment cannot give any further title or notoriety, because every person is supposed to be in by his eder title, which, in the case of joint-tenants, is the original feoffment, so that a second teofiment would be useless. In releases that eaure by way of milter lestate, words of inheritance are not necessary, for the parties are not in by the release, but by the original feudal contract, which seed an inheritance, and the release only discharged the right or pretension of one of them. Galb. Ten.

72-74.

One tenant in common, we have seen, cannot release to his companion, because they have distinct freeholds, but they must pass their estates by feoffment and livery of seisin; for, as they were created by different acts, and different liveries, they must also pass to each other by distinct live ries. Ante, 200 b. vol. 1. p. 788. Gilb. Ten. 74.-[Ed.)

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