(Post, 277b, 278a.) 21 H. 6. 41. 11 H. 4. ss. 9 H. 7. 25. 2 E. 4. 16. 21 E. 4. 78. 12 Ass. 22. Vid. If A. disseise B., who enfeoffeth C. with warranty, who enfeoffeth D. with warranty, and E. disseiseth D., to whom B. the first disseisee releaseth, this doth defeat all the mesne estates and warranties, because the release of B. is made to S H. 6. 38. a disseisor, and his entry is lawful (1 1). ALSO, if my disseisor letteth the tenements whereof he disseised me to another (30) for term of life, and after the tenant for term of life alieneth in fee, and I release to the alienee, &c. then my disseisor cannot enter causâ quâ supra, LITTLETON. [Sect. 474.276 b.] If made to the alienee of disseisor's tenant for exclusion of the dissei life, it enures to him in albeit that at one time the alienation was to his disinherit- sor: ance, &c. "Also, if my disseisor letteth, &c." If the disseisor make a lease for life, and the lessee maketh a feoffment in fee, and the disseisee releaseth to the feoffee, the disseisor shall not enter upon the feoffee; for albeit the release to one joint feoffee of a disseisor, as hath been said, shall not exclude the other, yet a release to the feoffee of a tenant for life in this case shall take away the entry of the disseisor for the alienation which was made to his *disinheritance, he having the inheritance by disseisin, so as he could have no warranty annexed to it, and tenant for life hath forfeited his estate. But if the entry of the disseisee were not lawful, it is otherwise. As if a man make a lease for life, and the lessee for life is disseised, and that disseisor is disseised, and he in the reversion releaseth to the second disseisor, the first disseisor shall enter upon the second disseisor, and his entry is lawful; and if the lessee for life re-enter, he shall leave the reversion in the first disseisor; and the cause is, for that the entry of the disseisee, at the time of the release made, was (30) auter, not in L. and M. nor Roh. (I1) It is observable, that the release, in this case, is made to a disscisor, who comes not to the land in privity of the estate to which the warranty was annexed; and all the right of C. and D. to the said estate being wholly defeated by the release of B., their re-entry cannot recontinue their former possession, but they must be disseisors anew. Hawk. Abr. 370. Here it appears, that where several parties have an equal title to the possession, he who acquires the right shall hold out the others. Upon the same principle, where two parties have equal equity, the one who has the legal title shall be preferred. Ante, p. 55, n. (L 1).—[Ed.] 277b. *277 a. secus if the disseisee's entry was not lawful. (8 Rep. 148. Sect. 447. 6 Rep. 70. Hob. 279.) 472 (1) 9 H. 7. 25. LITTLETON. On release de mitter le droit by disseisee's son (his entry being lawful) to an abator of the heir of the disseisor, it enures as a bar to the heir, not lawful (K 1). And the book of (1)9 H. 7. 25. is to be intended of an estate tail, mutatis mutandis. If in the case aforesaid, the disseisor make a lease for life, and the lessee infeoffeth two, and the disseisee release to one of the feoffees, this shall bar the disseisor, as hath been said; but yet he shall not hold out his companion for the cause aforesaid. ALSO, if a man be disseised, who hath a son within age, [Sect. 475. 277 a.] and dieth, and the son being within age the disseisor dieth seised, and the land descend to his heir, and a stranger abate, and after the son of the disseisee, when he cometh to his full age, releaseth all his right to the abator; in this case the heir of the disseisor shall not have an assise of mort d'ancester against the abator; but shall be harred (31), because the abator hath the right of the son of the disseisee by his release, and the entry of the son was congeable (L 1), (S2) for that he was within age at the time of the descent, &c. 277a. LITTLETON. [Sect. 475. 277 b.] droit to disseisor's feeoffee on condition, the On release de mitter le condition is not avoided. The reason of this case is, for that the entry of the heir is congeable, and the abator is in the land by wrong. BUT if (33) a man be disseised, and the disseisor maketh a feoffment upon condition, viz. to render to him a certain rent, and for default of payment a re-entry, &c. if the disseisee release to the feoffee upon condition, yet this (34) shall not amend the estate of the feoffee upon condition; for notwithstanding such release, yet his estate is upon condition, as it was before (M 1). (31) d'assise, added in L. and M. and Roh. (32) &c. added in L and M. and Roh. (33) ascun, added in L. and M. and Roh. (34) n'amendra-ne abatera, L. and M. and Roh. ne alterast, Pap. MS. n'avoidera, Vell. MS. (K 1) As the entry of the disseisee was not lawful, his release cannot enure by way of entry and feoffment; and, therefore, the estate of the release being defeated by a mesne title, the right of possession draws the naked right along with it. Infra, 266 a.-[Ed.] (L1 i. e. lawfu.-Ed.] (M 1) For the feofiee shall not, by force of the release, avoid such con dition against his own express acceptance; though if the disseisce had entered ad made a feoffment to him, the condition would have been wholly defeated. Infra, 277 b.-[Ed.] (35) And with this agreeth the opinion of all the justices, Pasch. 9 H. 7. Here the entry of the disseisee is congeable, and yet the release doth not avoid the condition, because the feoffee is in by title, as hath been said, and may have a warranty (36). And herein our author expresseth a diversity between a condition in law, and a condition in deed; for, in the case before, when the disseisee releaseth to the feoffee of the tenant for life, the condition in law is taken away, but otherwise it is in this case of a condition in deed. But, if the feoffee upon condition make a feoffment in fee over without any condition, and the disseisee release to the second feoffee, the condition is destroyed by the release before the condition broken or after. For the state of the second feoffee was not upon any express condition, as Littleton here putteth his case, and he may have advantage of the release, because it is not against his own proper acceptance, as Littleton speaketh in the next section. But if it be a wrongful title, such a title is taken away by a release; as if A. disseised B. to the use of C., B. release to A., this shall take away the agreement of C. to the disseisin, because it should make him a wrong-doer: as if the disseisor be disseised, the disseisee releaseth to the second disseisor, this taketh away the right the first disseisor had against the second, and a relation of an estate gained by wrong shall never defeat an estate subsequent gained by right, against a single opinion, not affirmed by any other, in one of our books. IN the same manner it is, where a man is disscised of certain lands, and the disseisor grant a rent-charge out of the same land, &c. albeit the disseisee doth afterwards release to the disseisor, &c. yet the rent-charge remains in force. And the reason in these two cases is this, that a man shall not have (35) This paragraph not in L. and M. nor Roh. (36) "The reason of this case in the book here cited, is, that the condition is like a covenant be tween them; and he is estopped 277 b. (6 Rep. 78b.) *278 a. secus as to charges not created by the releasee himself. (7 Rep. 38.) (Post, 349a.) (Mo. 95.) (Ante, 276a.) advantage by such release which shall be against his proper acceptance, and against his own grant. And albeit some have said, that where the entry of a man is congeable upon a tenant, if he releases to the same tenant, that this shall avail the tenant, as if he had entered upon the tenant, and after enfeoffed him, &c. this is not true in every case. For in the first case of these two cases aforesaid, if the disseisee had entered upon the feoffee upon condition, and after enfeoffed him, then is the condition wholly defeated and avoided. And so in the second case, if the disseisee entereth and enfeoffeth him who granted the rent-charge, then is the rent-charge taken away and avoided; but it is not void by any such release without entry made, &c. "And the disseisor grant a rent-charge, &c." Here is implied commons, or any other *profit out of the lands. And the reason is, because he shall not avoid his own grant by a release he himself had acquired since the grant: but if the disseisor in that case be disseised, and the disseisee release to the second disseisor, he shall avoid it; as by that which hath been said, sect. 473, appeareth. So, likewise, if A. and B. be joint disseisors, and B. grant a rent-charge, and the disseisee release to A. all his right, A. shall avoid the rent-charge, because it was not granted by him, and so not within the reason of our author. If there be two femes joint disseisors, and the one taketh husband, and the disseisee release to the other, she is sole seised, and shall hold out the husband and wife. If two disseisors be, and they enfeoff another, and take back an estate for life or in fee, albeit they remain disseisors to the disseisee, as to have an assise against them, yet if he release to one of them, he shall not hold out his companion, because their state in the land is by feoffment (N 1). If there be two disseisors, and they be disseised, and they (N 1) See ante, note (Z), p. 465, 466.-[Ed.] release to their disseisor, and after disseise him, and then the disseisee release to one or both of them, yet the second disseisor shall re-enter, for they shall not hold the land against their own release; for Littleton here saith, that they shall not avoid their own grant, and by like reason they shall not avoid their own release: Et sic de similibus. lease de mitter le droit, * 278 b. "As if he had entered upon the tenant, and after en- In what cases a refeoffed him." Here is another kind of release, viz. a release shall not enure by way which enureth by way of entry and feoffment; for if a dis- of entry and feoffment. (Ante, 194.) seisee release to one of the disseisors, to some purpose this shall enure by way of entry aud feoffment, viz. as to hold out his companion. But as to a rent charge granted *by him, it shall not enure by way of entry aud feoffinent; for if the disseisee had entered and enfeoffed him, the rent-charge had been avoided. But it is a certain rule, that when the entry of a man is congeable, and he releaseth to one that is in by title, (as here the feoffee upon condition is), it shall never enure by way of entry and feoffment, either to avoid a condition with which he accepted the land charged, or his own grant, or to hold out his companion. And where it appeareth by our author, that acts done by (Dr. & Stud. 50a.) the disseisor shall not be avoided by the release of the disseisee, it is to be noted, that acts made to the disseisor himself shall not be avoided by the alteration of his estate by the release of the disseisee; as if the lord before the release had confirmed the estate of the disseisor to hold by lesser services, the disseisor shall take advantage of it, and so of estovers to be burnt in the house, and the like law of a warranty made unto him. If the heir of the disseisor endow his wife er assensu patris, and the disseisee release to the disseisor, he shall not avoid the endowment, for that is like the case put by Littleton of the rent-charge. If an alien be a disseisor, and obtain letters of denization, and then the disseisee release unto him, the king shall not have the land, for the release hath altered the estate, and it |