RELEASE. The giving up or abandon ing a claim or right to the person against vihom the claim exists or the right is to be exercised or enforced.
Releases may either give up, discharge, or aban don a right of action, or convey a man's interest or tight to another who hes possession of it or some estate in the same. Sheppard, Touchst. 320 ; Little ton, 444 ; Nelson, Abr.; Bacon, Abr.; Viner, Abr.; Rolle, Abr. In the former class a mere right is surrendered ; in the other not only a right is given up, but an interest in the estate is conveyed and heoomes vested in the releasee.
An express release is one directly made in terms by deed or other suitable means.
An implied release is one which arises from acts of the creditor or owner, without any ex press agreement. See Pothier, Obl. nn. 608, 609.
A release by operation of law is one which, though not expressly made, the law presumes in consequence of some act of the releasor for instance, when one of several joint oblig ors is expressly released, the others are also released by operation of law. 3 Salk. 298 ; Hob. 10, 66 ; 4 Mod. 380 ; 7 Johns. N. Y. 207.
2. Releases of claims which constitute a cause of action acquit the releasee, and re move incompetency as a witness resulting from interest.
Littleton says a release of all demands is the best and strongest release. Sect. 508. Lord Coke, 'on the contrary, says claims is a stronger word. Coke, Litt. 291 b.
In general, the words of a release will be restrained by the particular occasion of giving it. 1 Lev. 235 ; 3 id. 273 ; 1 Show. 151 ; 2 id. 47 ; 2 Mod. 108, n.; 3 id. 277 ; T. Raym. 399 ; Palm. 218.
3. The reader is referred to the following cases where a construction has been given to the expressions mentioned. A release of " all actions, suits, and demands," 3 Mod. 277 ; " all actions, debts, duties, and de mands," id. 1, 64 ; 8 Coke, 150 b ; 2 Saund.
6 a; " all demands," 5 Coke, 70 b ; 2 Mod. 281 ; 3 id. 185, 278 ; 12 id. 465 ; 1 Lev. 99 ; Salk. 578 ; 2 Rolle, 20 ; 2 Conn. 120 ; " all actions, quarrels, trespasses," Dy. 2171, pl. 2 ; Croke Jac. 487; " all errors, and all actions, suits, and writs of error whatsoever," T. Ravin. 399 ; " all suits," 8 Coke, 150 ; " of covenants." 5 Coke, 70 b.
4. A release by a witness where he has an interest in the matter which is the subject of the suit, or release by the party on whose side he is interested, renders him competent.
1 Phillipps, Ev. 102, and the cases cited in n. a. See Chitty, Bail. 329 ; 1 Dow'. & R. 361.
As to the party who can make a release which shall restore competency to a witness, see 1 Bos. & P. 630 ; 4 Carr. & P. 383 ; 9 id. 199 ; 10 Johns. N. Y. 132 ; 14 id. 387 ; 18 id. 459 ; 3 N. H. 115 ; 5 id, 196 ; 5 Blackf. Ind. 486 ; 3 Me. 243 ; 6 id. 57 ; 4 Vt. 523 ; 20 Pick. Mass. 441.
In Eatatea. The conveyance of a man's interest or right which he hath unto a thing, to another that hath the _possession thereof or some estate therein. Sheppard, Touchst. 320. The relinquishment of some right or benefit to a person who has already some inte rest in the tenement, and such interest as quali fies him for receiving or availing himself of the right or benefit so relinquished. Burton; Real Prop. 15*.
5. The words generally used in such con veyance are " remised, released, and forever quit-claimed." Littleton, .g 445.
Releases of land are, in respect of their operation, divided into five sorts : releases that enure by way of passing tha estate, or mitter restate (q. v.), e.g. a release by joint tenant to co-joint-tenant, which conveyance will pass a fee without words of limitation. Releases that enure by way of passing the right, or mitter le drozt: e.g. by disseisee to disseisor. Releases that enure by enlarge. ment of the estate.
Here there must be an actual privity of estate at the time between releasor and re leasee, who must have an estate actually vested in him capable of enlargement.
Releases that enure by way of extinguish ment : e.g. a lord releasing his seignorial rights to his tenant.
Releases that enure by way of feoffment and entry : e.g. if there are two disseisors, a release to one will give him a sole estate, as if the disseisee had regained seisin by entry and enfeoffed him. 2 Sharswood, Blackst. Comm. 325*. See 4 Cruise, Dig. 71 ; Gilbert, Ten. 82 ; Coke, Litt. 264 ; 3 Brock. C. C. 185; 2 Sumn. C. C. 487 ; 8 Pick. Mass. 143 ; 10 id. 195 ; 7 Mass. 381 ; 5 Harr. & J. Md. 158 ; 2 N. H. 402 ; 5 Paige, Ch. N. Y. 299; 10 Johns. N. Y. 456.
The technicalities of English law as to releases are not generally applicable in the United States. The corresponding convey ance is a quit-claim deed. 2 Bouvier, Ind 416 ; 21 Ala. x. s. 125.