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Releases are of two kinds. 1. Such as give up, discharge, or abandon a right of action. 2. Such as convey a man's interest or right to another, who has possession of it, or some estate in the same.
contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which is his. This kind of a release is different from that which is used for the purpose of convoying real estate. Here a mere right is surrendered; in the other case not only a right is given up, but an interest in the estate is conveyed, and becomes vested in the release.
Releases may be considered, as to their form, their different kinds, and their effect. The operative words of a release are remise, release, quitclaim, discharge and acquit; but other words will answer the purpose.Releases are either express, or releases in deed; or those arising by operation of law. An express release is one which is distinctly made in the deed; 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.
A release may also be implied; as, if a creditor voluntarily deliver to his debtor the bond, note, or other evidence of his claim. And when the debtor is in possession of such security, it will be presumed that it has been delivered to him.
As to their effect, releases 1st, acquit the releasee: and 2dly, enable him to be examined as a witness.
Littleton says a release of all demands is the best and strongest release. Lord Coke, on the contrary, says claims is a stronger word.
In general the words of a release will he restrained by the particular occasion of giving it. 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. 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."
The words generally used in such conveyance, are, "remised, released, and forever quit claimed."
Releases of land are, in respect of their operation, divided into four sorts. 1. Releases that enure by way of passing the estate, or mitter l'estate. 2. Releases that enure by way of passing the right, or mitter le droit. 3. Releases that enure by enlargement of the estate; and Releases that enure by way of extinguishment.