Release

The act or writing by which some claim or interest is surrendered to another person. As, the instrument, or act, by which a creditor relinquishes a demand or all demands whatsoever to his debtor; the instrument or action by which a trustee or witness is discharged from liability, or by which a part of one's property is relieved of the lien of a mortgage or other incumbrance.

1 Lynch v. Bernal, 9 Wall. 325 (1869), cases. Field, J. ''See 15 Am. Deo. »4li-55, cases; 15 Johns. 309; 3 Kent,.33. s See Volksdorf v. People, 13 Bradw. 534 (1883). « Esty V. Clark, 101 Mass. 38-89 (1869), cases, Ames, Releasee.

He to whom a release is given.

Releasor.

He by -whom a release is executed. In the law of real property, a release is a discharge or a conveyance of a man's right in lands or tenements to another that has some former estate in possession. • This may be by way: of enlarging an estate, of passing an estate, of passing a right, of entry and feoffment, or of extinguishment.' While at common law a release conveyed to a person in possession the title of the releasor, it may now be used to convey a title to one who has no previous right in the land. In most States it is equivalent to a '* quitclaim " conveyance.^ Compare Confirmation, 2; Extinguishment; Surrender. See Lease. BELEVAIfCY.3 That which conduces to the proof of a pertinent hypotliesis.^ Relevant. As applied to testimoiry, that which directly touches upon the issue made by the pleadings, so as " to assist " in getting at the truth of it.* Relevant means that any two facts lo which it is applied are so related to each other, that, according to the common course of events, one. taken by itself or in conijection with other facts, proves or renders probable the past, present, or future existence or nonexistence of the other.6 Irrelevant. Not pertinent; inapplicable. In pleading, said of a fact or allegation which has no bearing upon the subjectmatter and cannot affect the decision of the court.' Testimony cannot be excluded as irrelevant which would have a tendency, however remote, to establish the probability of the fact in controversy.* '2 Bl. Com. 324; Field v. Columbert, 4 Saw. 527 (1864); Palmer v. Bates, 22 Minn. 534 (1876j. ••'Richardson v. Levi, 67 Tex. 367 (1887), Willie, C. J.; Ely V. Stannard, 44 Conn. 633 (1887); 1 Devlin, Deeds, § 16, cases. * F. relevant: relever, to assist, help, be of use: L. re-levare, to raise again,— 58 Cal. 168; 78 N. Y. 95; 6 How. Pr. 314. « State V. Witham, 72 Me. 637 (1881): 1 VFhart. Ev. Ch. II, § 20. See also Seller v. Jenkins, 97 Ind. 438 (1884). 'Platner v. Plainer, 78 N. Y. 95(1879), Folger, J.; Hagerty v. Andrews, 94 id. 199 (1883). • Lamprey v. Donacour, 58 N. H. 377 (1878), Foster, J.; Steph. Dig. Ev. (May's Am. ed.) 33; 52 N. H. 405; 58 id. 96. ' Scofleld V.

State Nat

Bank of Lincoln, 9 Neb. 321 A statement not material to the decision of the case is irrelevant; as, an answer which does not form or tender & material issue. ' A pleading is irrelevant which has no substantial relation to the controversy between the parties to the suit " Irrelative " is, perhaps, more appropriate, In parliamentary debate in England, *' irrelevant " means '• unassisting, unrelieving." ^ Facts, in an answer to a bill in equity, not material to the decision are '* impertinent." The test is whether the subject of the allegation could be put in issue, and would be matter proper to be given in evidence between the parties.^ See Impertinence. In the law of evidence, collateral, disconnected facts are generally irrelevant. But from one part similar qualities of another part may be inferred. Evidence of prior ignitions is admissible against a railroad company charged with the negligent use of fire.< Evidence is admissible which " tends " to prove the issue, or constitutes a Unk in the chain of proof, although alone it might not justify a verdict in accordance with it.'

See Tend.