I Inft. 273 b. Tit. 20. ginal feoffment, fo that a fecond feoffment would be ufelefs. § 18. In confequence of this privity, which must neceffarily exist in releases that enure by way of mitter L'Estate, a fee will pass by fuch a release without any words of limitation; for the parties are not in by the release, but by the original feudal contract, which paffed an inheritance, and the release only discharges the pretenfions of one of them; fo that, where one joint-tenant or coparcener releases to the other, the releasee is in by the original conveyance, and fuch releafe is not confidered as an alienation, nor does it make a degree. § 19. One tenant in common cannot release to his companion, because they have diftinct freeholds, but they must pass their eftates by feoffment and livery of feifin; for, as they were created by different acts, and different liveries, they must also pass to each other by diftin&t liveries. Mitter Le 5 20. Releases are faid to enure by way of mitter Droit. Lit. f. 466. Le Droit, where a perfon who has been diffeifed reGilb. Ten. 55. leafes to the diffeifor, or to the heir or feoffee of the diffeifor, who, being in poffeffion, is therefore capable of taking a release of the right. And as, in cases of this kind, nothing but the bare right paffes, the release is faid to enure by way of mitter le Droit. Lit. 1. 457. S 21. No words of limitation are neceffary in a releafe that enures by way of mitter le droit; for if a release release of right be made to a perfon feifed in fee, for a day, or an hour, it will be as ftrong as if it were made to the releasee and his heirs for ever. § 22. Releases enure by way of enlargement of eftate, when the poffeffion and inheritance are feparated for a particular time; and he who has the reverfion and inheritance, releases all his right and interest in the lands to the person who has the particular eftate: fuch releases are faid to enure by way of enlargement, and to amount to a grant and attornment, because they transfer the legal eftate as effectually to the releasee, as a feoffment with livery. § 23. To render this conveyance effectual, it is neceffary that there should be a privity of eftate between the releafor and releafee; and alfo, that the releasee fhould have fuch an estate as is capable of being enlarged. § 24. With respect to privity of estate, if a perfon 1 Inft. 273 ai makes a lease for years, the leffee is, of course, capa ble of taking a release from the leffor, because there is a privity between them. § 25. If A. makes a lease to B. for life, and the Idem. leffee makes a lease for years, and, afterwards, A. releases to the leffee for years, it will not enlarge his estate, because there is no privity between A. and the leffee for years. So, if a perfon makes a leafe for 20 years, and the leffee makes a leafe for 10 years, if the first leffor L 2 Lit. f. 460. 1. 1 Inft. 270 b. 1 Init. 270 a. க3. Idem. 1 Inft. 270 b. leffor releases to the fecond leffee, his releafe will be void for want of privity. § 26. A release to a tenant at will operates so as to enlarge his estate, because there is a privity between him and the leffor. But a releafe to a tenant at fuffer ance is void, for want of privity. § 27. Lord Coke fays, that a release which enures by way of enlargement, cannot work without a poffeffion. But this must be understood to mean, not that an actual estate in poffeffion is neceffary, but that the releasee has an estate actually vefted in him, at the time of the release, which is capable of being enlarged by fuch release. § 28. Thus, Lord Coke fays, if a tenant for 20 years in poffeffion make a lease to B. for five years, and B. enters, a release to the firft leffee is good, for he had an actual poffeffion, and the poffeffion of his leffee is his poffeffion and so it is, if a man makes a leafe for years, the remainder for years, and the first leffee doth enter, a release to him in remainder for years is good to enlarge his eftate. § 29. Lord Coke alfo fays, if a man make a leafe for life, remainder for life, and the firft leffee dies, a release to him in the remainder is good, before he enters, to enlarge his eftate; for that he has an estate of freehold in law in him, which may be enlarged by release, before entry. $ 30. It § 30. It should, however, be observed, that if a person makes a lease for years, and the leffor releases all his right to the leffee, before entry, fuch release is void, and will not enlarge his eftate; for the leffee, before entry, had neither a poffeffion, nor a vefted eftate, but only an intereffe termini. § 31. A release to a ceftui que ufe by the feoffees to ufes, was held by Littleton to be fufficient to enlarge his estate; because the ceftui que ufe was tenant at will to the feoffees, and there was a privity between them. From which, it may be concluded, that a release to a cestui que truft by the trustee, would now operate to enlarge his eftate. 1 Inft. 270 b. § 32. A release to a tenant by ftatute merchant, statute staple, or eligit, will operate to enlarge the eftate. $ 33. Lord Coke fays, if a feme covert be tenant for 1 Inft. 273 b. life, a release to the husband will be good; for there is both privity and an estate in the husband, whereupon the release may fufficiently enure by way of enlargement: for, by the intermarriage, the hufband acquired a freehold in his wife's right. $ 34. Releases which operate by way of enlarge- Lit. f. 455. ment, require the fame technical words of limitation as feoffments or grants: for, if a leffcr releases to his leffee for years all his right in the lands, this will only pafs an eftate for life. 1 Inft. 273 b. Extinguish ment. Lit. f. 479, 480. i Inft. 280 a. 1 Inft. 270 a. Ante f. 30. S. 470. § 35. Lord Coke, however, fays, that if a man makes a leafe to A. for term of the life of B., and afterwards releases to A. all his right in the land, A. will take an eftate for his own life: because an estate for a man's own life is higher, in judgment of law, than an estate for the life of another. § 36. In fome cafes, where the release cannot enure by way of mitter le Droit, it will operate by way of extinguishment. Thus, if a lord releases his feignory to the tenant, or if the grantee of a rent or common, releases it to the terre-tenant, these releases are faid to operate by way of extinguishment of the fervices, the rent, or the common; because the tenant cannot have services or rent to receive of himself; nor can he take common in his own land. $ 37. If a man makes a lease for years to begin prefently, referving rent, and, before the leffee enters, the leffor releases all his right in the land, although this cannot enure to enlarge his estate, yet it fhall operate to extinguish the rent. § 38. Littleton fays, if a tenant for life lets the land over to another for term of the life of the lessee, remainder to another in fee, and the leffor releases to the perfon to whom the tenant made the lease, the leffor will be thereby for ever barred, although no mention is made of his heirs: for, at the time of the release made, the leffor had no reverfion, but only a right to have the reverfion. And Lord Coke, in his comment on this paffage, obferves, that the release to the leffee does |