release

a release is not a device to exempt from liability but is a means of compromising a claimed liability and to that extent recognizing its possibility.

The giving up or abandoning a claim or right to the person against whom the claim exists, or the right is to be exercised or enforced. Releases may either give up, discharge, or abandon a right of action, or convey a man's interest or right to another who has possession of it, or some estate in the same. Shep. Touch. 320; Litt. 444; Nelson, Abr.; Bac. 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 tiie estate is conveyed and becomes vested in the release. An express release is one directly made in terms by deed or other suitable means. any express agreement. See Poth. Obi. notes 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 obligors 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. 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. Burton, Real Prop. 15*. A discharge or conveyance of a man's right in lands or tenements to one that held some former estate in possession. 2 Bl. Comm. 324. The words generally used in such conveyance are "remised, released, and forever quitclaimed." Litt. § 445. Releases of land are, in respect of their operation, divided into five sorts: (1) Releases that inure by way of passing the estate, or mitter restate; e. g., a release by joint tenant to co-joint tenant, which conveyance will pass a fee without words of limitation. (2) Releases that inure by way of passing the right, or mitter le droit; e. g., by disseisee to disseisor. (3) Releases that inure by enlargement of the estate. Here there must be an actual privity of estate at the time between releasor and releasee, who must have an estate actually vested in him capable of enlargement. (4) Releases that inure by way of extinguishment; e. g., a lord releasing his seignorial rights to his tenant. (5) Releases that inure 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 Bl. Comm. 325*. See 4 Cruise, Dig. 71; Gilb. Ten. 82; Co. Litt. 264; 3 Brock. (U. S.) 185; 2 Sumn. (U. S.) 487; 4 Pick. (Mass.) 143;- 10 Pick. (Mass.) 195; 7 Mass. 381; 5 Har. & 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 conveyance is a quitclaim deed. 2 Bouv. Inst. 416; 21 Ala. (N. S.) 125. In Admiralty. An instrument under seal of the court, commanding the marshal to release a ship or other property arrested RELEASE BY WAY OF ENLARGING AN estate. See "Release." RELEASE BY WAY OF ENTRY AND feoffment. See "Release." RELEASE BY WAY OF EXTINGUISHment. See "Release." RELEASE BY WAY OF PASSING A right. See "Release." RELEASE BY WAY OF PASSING AN Estate. See "Release."

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.

A relinquishment of some right or claim; a discharge oy a creditor of a right of action; an instrument by which such a discharge is effected; a discharge or conveyance of a right or interest in lands or tenements to one who has an estate in possession therein, — in English practice, of various kinds enumerated below, • having little if any currency in Ameiican usage.

In English law. Release by eiilarg:ing an estate: a conveyance of the ulterior interest in lands to the particular tenant, as by a remainder-man to the tenant for years or for life. v. Enlarger V estate. Release by entry and feoffment: a release by a disseisee to one of two joint disseisors who will be sole seised. Release by extinguishment: a release by a reversioner to the holder of a life lease from his tenant for life, which extinguishes the reversion and inures to the benefit of one to whom the tenant has conveyed the remainder. Release by passing' a right: a release by disseisee to disseisor by which the disseisor's estate becomes lawful, v. Mitter le droit., Release by passing an estate: a release by one of two coparceners of all her right to the other, which passes the fee-simple of the whole. V. Mitter V estate.

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.

A conveyance wherein the estate to a person already having some the lands. A secondary conveyance, (1.) by passing the estate (mitter I'estate), w Ul pass without any words of limitation, ant or coparcener to another; (2.) by le droit), where words of limitation are is no privity of estate, as from a disseisee extinguishment, as of a seigniorial right, (4.) by enlarging a particular estate entry and feoffment, as where one of to the other.

Is both verb and noun. It may be, and often is, used in the general sense of discharge or surrender. Thus, when it is said that acts of a creditor are an implied release, or that a person is released by operation of law, no instrument is implied, but the abstract idea of abandonment or extinguishing some right is the one presented. So release is the operative verb in the instrument known as " a release," and presents the same idea. But, more technically, release is usually so considered; yet all of which, when closely examined, are seen to involve the notion of a surrender by one person of some claim or estate to another. In the law of debtor and creditor, the word is used with this sense evident. Release is a formal, solemn instrument whereby the creditor surrenders or relinquishes to his creditor whatever claim is designated. It imports voluntary discharge of the debt, — discharge, not by payment of the demand, but by an abandonment of it; for, even if there is a consideration passed for the release, or if the release is given upon a part payment, this is presented not in the aspect of a part payment, as in accord and satisfaction, but in that of a price paid to induce the creditor to forego his claim. Consideration is, however, not necessary: the release, being under seal, is sufficient, if it forgives and relinquishes the indebtedness. It may embrace a single demand only, or may extend to and discharge all claims and demands of the party giving it. A release of this latter character is known as a " release in full of all demands;" and an exchange of such releases is a common mode of closing complicated accounts or business relations. Subsidiary to this employment of the word are two uses deserving of distinct mention. One is the release of interest of a witness. Under the common-law rule, that a person interested in the event of a suit is incompetent to testify on the trial, it has been very usual to restore the competency of a disqualified person whose testimony in a given case was necessary, by giving to hira, or inducing him to make, a release of that interest, whatever it might be. Another is the release commonly given by a cestui que trust — such as a ward on settling with a guardian; a beneficiary of an estate or fund, temporarily held in trust, on closing the trust — to his trustee; discharging the latter from further claim or liability. Under circumstances of various cases, instruments of these kinds may present peculiar features; In English conveyancing, the term release, as the name of an instrument, is applied to several forms of deeds, all which, however, involve the ideas that two persons have each an interest in the property in question, and that the one who has only a right abandons or siu'renders his interest to the other one, who has the possession. Blackstone classes the I'elease among the secondary or derivative sort of conveyances, and defines it as a discharge or conveyance of a man's right in lands or tenements to another that hath some former estate in possession. Other definitions have been given; as by Burton: 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. By Cruise: A discharge or conveyance of a man's right in lands or tenements to another who already has an estate in possession; as if A has a lease of lands for a term of years, and B has the remainder or reversion in fee, — here the fee-simple of the lands may become vested in A, by B executing a release of them to A. By Mozley and Whiteley: A discharge or conveyance by one who has a right or interest in lands, but not the possession, whereby he extinguishes his right for the benefit of the person in possession. By the New Abridgment: The conveyance of a man's interest or right which he hath to a thing, to another who hath possession thereof, or some estate therein. By Stephen: A conveyance of an ulterior interest' in lands or tenements to a particular tenant, or of an undivided share therein to a co-tenant (the releasee being in either case in privity of estate with the releasor), or of the right to such land or tenements to a person wrongfully in possession thereof. By Watkins: The relinquishment of a right or interest in lands- or tenements to another who has an estate in possession in the same lands or tenements. By the Touchstone: The conveyance of a man's interest or right which he hath unto a thing, to another that hath the possesdescribed in these definitions may operate in either of five somewhat different modes: 1. By passing an estate; as where a joint-tenant or coparcener conveys his estate to his co- joint-tenant or coparcener. In consequence of the privity between such parties, a fee-simple will pass, without any words of limitation; and tenants in common cannot thus release to one another, since they have distinct interests in the property. 2. By passing a right; as in the case of a disseisee surrendering his right to a disseisor, his heir, or grantee. Here words of limitation are not necessary, since the subject of transfer is a simple right, which, once discharged, is for ever eictinguished, and not an estate, which may be qualified or restricted. The difference between this and the previous mode is, that the former passes an estate where a privity exists between the parties: this passes only a right, and therefore privity is not necessary. 3. By extinguishment; as when the lord releases his seigniorial rights to his tenant, or when a life-tenant having conveyed a greater estate than he owns, the expectant releases his right to the tenant's grantee. 4. By enlarging a particular estate into an estate commensurate with that of the person releasing. In these cases, a privity of estate must at the time exist between the releasor and the releasee, who must have an estate actually vested in him susceptible of enlai-gement. 5. By entry and f eoffilient; as where a disseisee releases to one of two disseisors, who then becomes as solely seised as if the disseisee had entered upon the property, put an end to the disseisin, and then enfeoffed such disseisor. The form of conveyance known in English law as lease and release appears to be a device to bring the ordinary case of a conveyance of land within the conditions indicated by the fourth category above. Under those conditions, an owner of the fee could not convey by release to a stranger, for want of any estate in the latter. Accordingly, he first executed and delivered to the estate in the latter capable of enlargement, and created a privity of estate enabling a release to operate; the proposed purchaser held a term in the land, and the former owner held a reversion. This being accomplished, the former owner executed a release of his reversion to his tenant. The two instruments operated as a complete conveyance of the fee. We believe, however, that these forms have not been much in use in the United States. There is, however, a release of common use in American conveyancing, where mortgagor and mortgagee desire to set some portion of the mortgaged premises free from the lien of the mortgage, without discharging the debt. Thus, if a mortgagor has opportunity to make sale of one of several lots embraced in one mortgage, but cannot do so unless he can pass title free of the mortgage, he may arrange with the mortgagee, on any terms and consideration satisfactory to the parties, for a release of that lot. This being duly made and recorded, the particular lot designated is set free, while the mortgage remains in force as an incumbrance on the residue of the premises which it describes. Within the meaning of the common law, a paper purporting to be a receipt by a seaman to the master of his vessel for twentyfive cents, " for assault and battery, in full of all dues and demands," having a witness's name, and two wafer seals, neither of which are proved to be the seaman's, is not a release. Mitchell v. Pratt, Taney, 448. That a release is a species of conveyance, see Palmer v. Bates, 22 Minn. 532. That the verb release may be operative to convey, where an intent to convey appears, although the party to whom the instrument containing it is given is not in possession, see Jackson v. Fish, 10 Juhns. 456; Lynch v. Livingston, 6 N. Y. 422. 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. RELEASEE; RELEASOR. The

Releases are of Such as convey a man’s interest or right to another, who has possession of it, or some estate in the same. Touch. 320; Litt. sec. 444; Nels. Ab. h. t.; Bac. Ab. h. t.3; Vin. Ab. h. t.; Rolle’s Ab. h. t.; Com. Dig. h. t.