A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.

About this Item

Title
A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.
Author
Noy, William, 1577-1634.
Publication
London :: Printed by T.N. for W. Lee, D. Pakeman, R. Best and G. Bedell ...,
1651.
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Subject terms
Law -- Great Britain.
Real property -- Great Britain.
Conveyancing -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A52567.0001.001
Cite this Item
"A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A52567.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.

Pages

CHAP. XXXVII. RELEASES.

A Release is the giving or discharging of a Right, or Action which a man hath or clai∣meth against another, or out of, or in his lands.

A Release or Confirmation made by him that at the time of the making thereof had no right, is void; if a right come to him afterwards, unless it be with warranty, and then it shall barr him of all right that shall come to him after the warranty made.

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Release, or confirmation made to him that at the time of the Release, or Confirmation made, had nothing in the Lands, is void, it behoveth him to have a Free-hold or a pos∣session and privitie.

A Release made to a Lessee for years, be∣fore his entrie, is void.

A man may not release upon a Condition, nor for a time, nor for part; But either the Condition is void, and the time is void, and the Release shall enure to the partie to whom it is made for ever, for the whole, by way of extinguishment: But a man may deliver a Re∣lease to another, as an Escrowe, to deliver to I. S. as his Act and Deed if I. S. do perform such a thing, or Release upon a condition by Deed indented, may be good.

A Joynt-tenant or a Rent-charge, may re∣lease, yet all the Rent is not extinct, nor yet if he purchase the lands, his fellow shall have the Rent still.

If the grantee release parcell of a Rent∣charge to the Grantor, yet all the Rent is not extinct.

A Release to charge an estate, ought to have these words, Heires, or words to shew what estate he shall have.

A release made to him that hath a Reversi∣on, or a remainder in Deed, shall serve and

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help him that hath the Frank-tenement; So shall a Release made to a Tenane for life, or a Tenant in Tayle, inure to him in the Reversi∣on, or Remainder, if they may shew it, and so to Trespassors and Feoffees, but not to Dis∣seisors.

A Release of all manner of Actions doth not take away an entrie, nor the taking of ones Goods againe, nor is any Plea against an Executor.

A Release of all demands, extinguisheth all Actions Reall and Personall, appeales, Execu∣tions, Rent-charge, Common of Pasture, Rent-Service, and all right, and Seizure, and all right in Lands, and propertie in Chattels: But not a possibility, or future duty, as a Rent payable after my death, and such like.

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