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Release

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

1. Liberation, discharge or setting free from restraint or confinement. Thus, a man unlawfully imprisoned may obtain his release on habeas corpus. Parker v. U. S., 22 Ct Cl. 100.
2. The relinquishment, concession, or giving up of a right, claim, or privilege, by the person in whom it exists or to whom it accrues, to the person against' whom it might have been demanded or ehforced. Jaqua v. Shewalter, 10 Ind. App. 234, 37 N. E. 1072; Winter v. Kansas City Cable Ry. Co., 160 Mo. 159, 61 S. W. 606.
3. The abandonment to (or by) a person called as a witness in a suit of his intercat in the subject-matter of the controversy, in order to qualify him to testify, under the common-law rule.
4. A receipt or certificate given by a ward to the guardian, on the final settlement of the latter's accounts, or by any other beneficiary on the termination of the trust administration, relinquishing all and any further rights, claims, or demands, growing out of the trust or incident to it.
5. In admiralty actions, when a ship, cargo, or other property has bcen arrested, the owner may obtain its release by giving bail, or paying the value of the property into court Upon this being done he obtains a release, which is a kind of writ under the seal of the court, addressed to the marshal, commanding him to release the property. Sweet
6. In estates. 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. Shep. Touch. 320. The relinquishment of some right or benefit to a person who has already some interest in the tenement, and such interest as qualifies him for receiving or availing himself of the right or benefit so relinquished. Burt. Real Prop. 12; Field v. Columbet, 9 Fed. Cas. 13; Baker v. Woodward, 12 Or. 3, 6 Pac. 173; Miller v. Emans, 19 N. Y. 387. A conveyance of an ulterior interest in lands or tenements to a particular tenant, or of an undivided share to a co-tenant, (the releasee being in either case in privity of estate with the releasor,) or of the right, to a person wrongfully in possession. 1 Steph. Comm. 479.

Deed of release. A deed operating by way of release, in the sense of the sixth definition given above; but more specifically, in those states where deeds of trust are in use instead of common-law mortgages, as a means of pledging real property as security for the payment of a debt, a "deed of release" is a conveyance in fee, executed by the trustee or trustees, to the grantor in the deed of trust, which conveys back to him the legal title to the estate, and which is to be given on satisfactory proof that he has paid the secured debt in full or otherwise complied with the terms of the deed of trust

Release by way of enlarging an estate. A conveyance of the ulterior interest in lands to the particular tenant; as, if there be tenant for life or years, remainder to another in fee, and he in remainder releases all his right to the particular tenant and his heirs, this gives him the estate in fee. 1 Steph. Comm. 480; 2 Bl. Comm. 324.

Release by way of entry and feoffment. As if there be two joint disseisors, and the disseisee releases to one of them, he shall be sole seised, and shall keep out his former companion; which is the same in effect as if the disseisee had entered and thereby put an end to the disseisin, and afterwards had en. Feoffed one of the disseisors in fee. 2 Bl. Comm. 325.

Release by way of extinguishment. As if my tenant for life makes a lease to A. for life, remainder to B. and his heirs, and I release to A., this extinguishes my right to the reversion, and shall inure to the advantage of B.'s remainder, as well as of A.'s particular estate. 2 Bl. Comm. 325.

Release by way of passing a right. As if a man be disseised and releaseth to his disseisor ali his right, hereby the disseisor acquires a new right, which changes the quality of his estate, and renders that lawful which before was tortious or wrongful. 2 Bl. Comm. 325,

Release by way of passing an estate. As, where one of two coparceners releases all her right to the other, this passes the fee-simple of the whole. 2 BI. Comm. 324, 325.

Release of dower. The relinquishment by a married woman of her expectant dower interest or estate in a particular parcel of realty belonging to her husband, as, by joining with him in a conveyance of it to a third person.

Release to uses. The conveyance by a deed of release to one party to the use of another is so termed. Thus, when a conveyance of lands was effected, by those instruments of assurance termed a lease and release, from A., to B. and his heirs, to the use of C. and his heirs, in such case C. at once took the whole fee-simple in such lands; B„ by the operation of the statute of uses, being made a mere conduit-pipe for conveying the estate to C. Brown.