A Systematic Arrangement of Lord Coke's First Institute of the Laws of England, on the Plan of Sir Matthew Hale's Analysis

the lease of the particular tenant during the life of cestui que vie, and afterwards as the lease of the remainder-man, 431. IV. Leases. when void or voidable. 432. Lease by infant at 15, though void at common law, may be good by custom, ib. Leases by tenants in tail, or persons seis d jure ecclesiæ, or jure uxoris, not warranted by enabling statutes, are voidable after the lessor's death, ib. Lease by tenant in tail according to the statute, the tenant in tail dying without issue, is void as to the reversioner, 433. Lease for so many years as lessor shall live, is void in præsenti, 433 to 442.

I. Of what things an exchange may be made, 443. The things exchanged need not be in esse at the time of the exchange, ib. Transmutation of possession not requisite to an exchange, ib The things need not be of the same nature, so as they concern lands or tenements, ib. II. Circumstances requisite to an exchange, 444. The estates reciprocally given in exchange must be equal in quantity, ib. But it is not necessary that there should be equality in value, ib.; nor equality in quality, 445. The word "exchange" is requisite, 446. Execution must be had by entry or claim in the life of the parties, ib. The exchange must be by deed, in the case of things lying in grant, ib.; or where the lands lie in several counties, ib. But livery of seisin is not necessary to an exchange, 446, 7: though entry must be made, 448. Exchange by an infant is voidable only, ib. On an exchange warranty is implied, 448 to 450.

CHAP. XL.
SAME SUBJECT.

Of Releases.

The different kinds of releases, 451. Release in deed; by what words created, 452. Release in law, 453 to 455. What things may be released, 456. Release of a future right is not binding. Secus as to a vested right to take effect in futuro, ib.; or where a warranty is annexed to the release. 457. A bare authority cannot be released 458. Secus as to a power of revocation, ib. Neither can a possibility be released. 459. How a release is to be made, ib. Releases of land, ib. I. Release de mitter le droit, ib. To whom to be made. ib. Relase de mitter le droit to a person having a freehold in deed, or in law, is good, ib. So if the releasee have a reversion 461; or a remainder, 462. But if made to a person having only a bare right, it is void, ib. Exceptions to this rule, 463. Release de mitter le droit to the disseisor's lessee for life, is good (no privity being requisite). 464; secus if made to his lessee for years, ib. How it shall enure, 465. Release de mitter

le droit being made by disseisee to the disseisor, his estate be-

comes lawful, 465 So if made to one of two disseisors, it enures,

to him alone! ib. But if made to one of two feoffees of a dissetsor,

it enures to both, ib. So if made to a reversioner or remainder-

man, it enures to the particular tenant, 466--et è converso, ib.

But a release to one of two disseisors after a lease for life, &c. by

them, enures to both, 467 So where the releasor had but a title

by force of a condition, ib.; or but a right to a moiety, 468; or

where the release is made to the husband of one of two disseisors,

ib. On release de mitter le droit by particular tenant to one of

his disseisors, it enures to both, ib.; unless the reversion be in the

king, 469; or the disseisin be only of an estate for life, ib; or

where the reversioner joins with the particular tenant in the re-

lease, ib. On release de mitter le droit to a subsequent disseisor,

it enures to him in exclusion of the others, 470. If made to the

alienee of disseisor's tenant for life, it enures to him in exclusion of

the disseisor, 471. Secus if the disseisee's entry was not lawful, ib.

On release de mitter le droit by disseisee's son (his entry being

lawful) to an abator of the heir of the dissensor, it enures as a bar

to the heir, 472 On release de mitter le droit to disseisor's fe-

offee on condition, the condition is not avoided. ib. On release de

mitter le droit to disseisor, rent-charges, &c. previously granted

by him, are not avoided, 473. Secus as to charges not created by

the releasee him elf 474. In what cases a release de mitter le

droit, shall not enure by way of entry and feoffinent, 475. Release

of right being made to a person having a defeasible possession, on

the possession being defeated, the right of the land follows the

right of possession, 476. Secus as to a release of right by the

donor to a discontinuée of an estate tail. 477; or where the right

was precedent to the defeasible estate, ib.; or being subsequent,

was transferred by act of law. 478. On release de mitter le droit

to the heir of the alienee of an infant disseisor, in a writ of right

brought by the disseisor against the heir, the mise being joined on

the mere right, it shall be found for the releasee. 479; though the

dissensor might have entered, 480 to 488. Release de mitter le

droit for an hour, is as good as if made in fee, 488. But it may be

made on condition, ib. II. Release d'extinguisher le droit, 489.

To whom to be made, ib. Release of right of seignory by the lord

to his tenant being disseised, is good in respect of privity, ib. Di-

versity herein between a rent-service and a rent charge, 490; or

a bare right to land, 490 to 492. Release of right by the donor to

the donee in tail, &c being disseised, is good to extinguish the

rent, 492. So if made to donee in tail after a discontinuance by

him, ib. So a release to lessee for life, after a disseisin, enures to

extinguish the rent: though it cannot enure by way of enlargement,

493. Release of right of seignory by the lord to very tenant, after

feoffment in fee by him, is void. 493 to 496. Reason of the diver-

sity between this case, and that of a release to very tenant being

disseised, 497. How a release by way of extinguishment shall

enure, ib. On release of right of seignory by the lord to his te-

nant, the seignory is extinct as to all persons, ib. On release of

rent-charge, common of pasture, &c. to the terre-tenant, the rent-

charge. &c. is extinct as to all persons, ib. So if made to him in

reversion, in case of a joint grant of rent charge by the reversion-

er and the particular tenant, 498. Diversity herein between se-

veral estates in several lands, and several estates in one land, ib.

Release by way of extinguishment may be made to one whose es-

tate is suspended, ib. May be made for part of the estate, ib. So-

cus as to a release de mitter le droit, ib. Words of inheritance not

necessary to a release d'extinguisher le droit, ib. Secus as to re-

leases by way of enlargement, 499. III. Release d'enlargir l'es-

tate, ib. To whom to be made, ib Releasee must be in privity

to the releasor, ib. And have an actual estate to be enlarged,

500. A tenant merely in supposition of law, is not capable pable of a re-

lease d'enlargir, ib. So lessee for years before entry, having but

an interesse termini, is not capable of a release by way of enlarge-

ment, 501. Secus as to lessee for years in possession, after an un-

der lease by him. 502; or as to lessee for years in remainder, after

entry by the first lessee, ib. Diversity between a release d'enlar-

gir l'estate, and a release de mi ter le droit, to lessee for years be-

fore entry, ib. Release d'enlargir to tenant for life, before entry,

is good. 503. Release d'enlargır may be made to tenant by sta-

tute-merchant, &c. ib.; or to tenant at will, 504. Secus as to a

mere trespasser, 504.5 or as to a tenant at sufferance, 506. But

* cestui que trust, holding at the will of the trustees, is capable of

a release by enlargement, ib. How release by enlargement sh

enure, 509 On release of all the right to tenant pur autre vie, an

estate for his own life passes, ib. So on a release of all the right to

lessee for years, an estate for life passes, ib. But to a release en-

larging an estate into a fee, words of inheritance are necessary, ib.

Diversity herein between a release de mitter le droit, and a release

d'enlargir l'estate, 511, 12. IV. Release de mitter l'estate, 513.

To whom to be made, and how it shall enure, 514. Husband and

wife and a third person, having a joint estate, a release by the

third person to the husband enures de mitter l'estate, ib. So if

made to the wife, ib. On release by one of three joint-tenants to

one of his companions, it enures de mitter l'estate, ib; but a re-

lease by one of two join-tenants to the other, does not to all pur-

poses enure de mitter l'estate, ib. On release by one of two co-

parceners to the other, it enures de mitter l'estate, ib. Words of

inheritance not necessary to a release de mitter l'estate, ib. But

privity of estate is requisite, 514,515.

Definition of a confirmation, 516. Its nature and operation, ib.

The different kinds, 517. I. Confirmation in deed, by what words

made, ib. II. Confirmation in law, by what words created, ib.

Operation of the word, "grant," 517 to 519.; "demise," 519.

"will," ib. On joint feoffment by disseisee and disseisor's heir, it

operates as to the disseisee, as a confirmation, ib On joint feoff-

ment by disseisor and disseisee, it operates as to the disseisor, as a

confirmation, 521. III. Confirmation, by and to whom to be made,

ib. Confirmation by the donor to the lessee for years of his te-

nant for life, is good, (though a release would be void), ib. Con-
firmation by the disseisee to his disseisor's lessee for years is good,
(secus as to a release), 522. Confirmation by infant lessor at full
age to the lessee of his tenant for years, is good, (secus as to a re-
lease), 523. Confirmation by patron and ordinary of a grant of
rent-charge by a parson, was good, (at common law), ib. Diver-

sities as to confirmation of grants by ecclesiastical persons, at com-
mon law, 524, 5. Diversity between a confirmation of an estate,
and a confirmation of a deed, 526. Confirmation by donor of a
grant of rent-charge made by his tenant for life, is good, 527. Di-
versity herein where the determination of the rent is expressed in
the deed, and when it is implied in law, ib. IV. Confirmation, how
it shall enure, ib. When to the whole estate of the confirmee, ib.
On confirmation by disseisee to disseisor of his estate, it enures in
fee, though without words of inheritance, 528; and although made
in tail, or for life only, ib.; or but for an hour, ib. On confirmation
to disseisor's donee in tail of his estate for his life, it enures to the

whole estate tail, ib. Diversity herein between the confirmation

of a term for years, and that of an estate of freehold, ib. In re-

spect of other persons, 529. On confirmation of the estate of the

particular tenant, it does not enure to the remainder man, (secus

as to a release), ib. On confirmation of the estate of one joint te-

nant, it enures to both, 530. On confirmation of the estate of the

remainder-man, or reversioner, it enures to the particular tenant,

531. On confirmation of the estate of one of two disseisors, it

enures to both, (though otherwise of a release), 532. Secus if the

habendum be to hold the land to him and his heirs, ib. When it

enures to enlarge the estate of the confirmee, 533. On confirma-

tion by one joint-tenant of the estate of his companion, his estate