A release may be set aside in equity on the ground of fraud, a term which will include every act of commission or omission that renders the transaction unfair, such as misrepresentation or suppression of facts important to be known to the releaser. A plea of a release is no answer to a bill in equity which seeks to set aside the release on the ground of fraud, or which, anticipating a plea of the release, charges that it was fraudulently obtained, unless the fraud which is charged is put in issue in the plea, and sufficiently denied by answer. The principle of this is fully and clearly stated by Lord Redesdale. (Roche v. Norgell, 2 Scho. and Lef., 730.) The releaser may have demands against another, both in his own right and in another right, such as that of executor for instance • and accordingly a question sometimes arises whether the release to demands in both rights, when the release contains no clear declaration of the demands to which it extends. If this ambiguity exists, it seems to be settled that the release will only extend to such claims as the releaser has in his own right, if he has any demands in both rights; but if he has only demands in right of another, the release will operate upon them. If a man who has a rent-charge issuing out of a certain number of acres of land, releases his right in any part of the land, he releases all the rent, for it is charged on all the land, and not on any part. A release of all demands means all demands which exist at the time of the release, and it does not extend to anything which, at the time of the release, is not a demand, but afterwards becomes a demand. It is generally considered that a release of all demands would extend to a rent-charge, or a rent-service, parcel of a seignory In gross (but not to a rent-service incideut to a reversion), but a release of all actions could not extend further than to a release of arrears of rent then due. Though a release of all actions is not a release of a sum of
money not then due, it is said that much a release made before the day of payment appointed by the condition of a bond would be effectual ; a bond being an acknowledgment of a present debt, defeasihle by a con dition subsequent, which does not prevent the right of action from vesting in the mean time.
A release is generally eo expressed as to include all demands up to the day of the date of it ; but in this case the day of the date is ex cluded from the computation. If the release extends to all demands up to the making of the release, this will comprehend all demands up to the delivery of it.
It is usual for releases to contain very general words, which, in their literal signifiaation, may comprehend things that the releaser does not intend to release. But whenever it can be olearly shown, as for instance by a particular recital in a deed, that the general words of release were intended to be limited, such construction must be put on them. Parol evidence is not admissible for the purpose of limiting or enlarging the words of a release; but, as in the case of wills, it may be admitted where a difficulty arises in applying the words of the instru ment to the facts of the case, for which purpose the state of the facts at the time of the release must be ascertained by extrinsic evidence.