A Digest of the Law of Real Property (Volume 1)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 Excerpt: ...was mentioned in the release, (c) 15. A conveyance by lease and release does not devest any estate, or create a discontinuance or forfeiture. Thus Littleton says: -- By force of a release, nothing shall pass but the right which he may lawfully and rightfully release, without hurt or damage to other persons, who shall have right therein, after his decease. And in a subsequent section, he says: --If tenant (a) Ante, c. 9, IB. 1 Inst. 270 a, n. 8. (6) Barker v. Keat, 2 Mod. 262. (Wentz -. Dehaven, 1 S. & B. 817. Coe v. Hutton, Ibid. 408.) (c) Shortridge r. Lamplugh, 2 Ld. Raym. 798. 1 But see ante, oh. 10, f 12, 23, 36, notes. in tail lets the land to another for term of years, by force whereof the lessee hath thereof possession, and the tenant in tail releases all his right in the same land, to hold to the lessee and his heirs, forever, this is no discontinuance; but after the decease of the tenant in tail, his issue may enter; for by such release nothing passed but for term of the life of the tenant in tail, (a) 16. This conveyance will not, for the same reason, destroy a contingent remainder. Therefore, if a person is tenant for life, with a contingent remainder depending on his estate, and he con-, veys in fee by lease and release, the contingent remainder will not be destroyed, (b) 17. A release may be to uses, as will be shown in the next chapter; but it has been doubted whether there can be a resulting-use upon a lease and release. In the case of Shortridge v. Lamplugh, it was held, that if a lease and release was pleaded to A and his heirs, and no consideration appeared, nor any declaration of uses, it should be intended to be to the use of the releasee; and Powell, J., said that he was not satisfied that the nature of t...