the privity requisite between a releasor and releasee.

Thirdly, Who may be the releasor, and who may be the releasee in respect of privity of estate.

That the release may operate as an enlargement of an estate, three circumstances are requisite.

1st, That the releasee should have a vested estate.

2dly, That the releasor should have a vested estate in reversion or remainder, expectant mediately or immediately on the

estate of the releasee.

3dly, That there should be a privity of estate between the releasor and the releasee.

The two first points have been fully discussed under former divisions; and it has been shewn that it is not sufficient that the releasee should have a mere inchoate executory interest, as an interesse termini, or a contingent remainder, or any other executory interest (d), as an interest depending on an executory devise; nor is it sufficient that he should have a mere right or title of entry, as a lessee for life, after he has been disseised, or as a lessee for years, after he has been ousted, and while

(d) Litt. 459.

his interest remains a mere right or title of entry

On the contrary it is necessary that the releasor and releasee should stand in the relation to each other, either of lessor and lessee, or in the relation of a particular tenant and remainder-man, or particular tenant and reversioner, so that there may be a privity of tenure between them.

The lessor may enlarge the estate of his lessee; and for all the purposes of this doctrine, the assignee or representative of the lessee stands in the place of the lessee; and the assignee or representative, whether heir or devisee, of the reversioner, stands in the place of the reversioner; and the ability of making, and capacity of receiving such enlargement continues, although the lessee, &c. or his assignee, create a particular estate, derived out of his own estate; and although the reversioner create a particular estate, which is interposed between the interest of the particular tenant and the reversion; for notwithstanding such particular estates, there is a continuing privity between the lessee, or his assignee on the one hand, and the reversioner or his assignee on the other hand; and yet an estate created out of a particular estate, is not, during such particular estate, capable of enlargement by release of the remainder or reversion, expectant on such particular

estate. This is from the want of privity. The material rule of law applicable to this subject, seems to be, that the particular estates, the remainder and the reversion, are parts of the same estate. There is a con

nection between the tenants of these estates as having interests depending on one and the same seisin (e).

In order to understand this subject scientifically, and on the principles of law which govern this doctrine, it will be proper to consider the law under the following subdivisions :

1. The general nature of privity between tenants.

2. The cases of immediate privity.

3. The cases of privity, notwithstanding

a mesne estate.

4. Cases of privity; because a derivative estate is discharged from its original privity.

5. The cases of want of privity.

1st, Because there is mere privity of tenure, for the sake of remedy, and not of

estate.

2dly, Because the estate is assigned.

(e) 2 Black. Com. Ch. Remainders, &c.

1 Inst. 345. Litt. s. 673.

Goodright v. Forrester, 1 Taunton, Arg. 602.

3dly, Because there is no estate; but only a right or interest.

4thly, Because the estate is derived out of a mesne subsisting estate.

5thly, Because the estate is determined. After an examination of these points, this division will be concluded with some general practical observations.

Of the general Nature of Privity, between Tenants.

Lord Coke (f), treating of privities, observes, "Privity, in the understanding of "the common law, is fourfold:

"1st, As privies in estate, as between "the donor and donee, lessor and lessee, "which privity is ever immediate.

"2d, Privies in blood; as the heir to the "ancestor, or between co-parceners, &c. "3d, Privies in representation, as executors, &c. to the testator.

"And 4thly, Privities in tenure, as the "lord and tenant, &c. which may be re"duced to two general heads, privies in. "deed, and privies in law."

The nature of the privity required, to the validity of a lease and release, is that which subsists between a particular tenant

(f) 1 Inst. p. 271. 354. b.

and reversioner, or a particular tenant and the person who has a remainder expectant on the particular estate.

Thus, if A. be tenant for life, or for years, with reversion to B.; or if A. be tenant for life, or for years, with remainder to B., the estate of A. may be enlarged by a release from B. The common assurance by lease and release, is in effect this particular case of an enlargement of an estate for one year, by a grant of the reversion, from the owner of the reversion, to his own lessee, under the lease for a year.

Thus, to qualify a tenant to receive a release, it is not sufficient merely, that he should have the possession, or that he should have a vested estate: there must be a connection in point of tenancy, or, as the law terms it, a privity, between the releasor and releasee: hence the observation, that "It " is a certain rule, that when a release doth "enure by way of enlarging of an estate, "there must be privity of estate, as be"tween lessor and lessee:" and mere privity, without estate, will not suffice (g). "As if an infant makes a lease for life, and the lessee granteth over his estate with

() 1 Inst. 273. 372. h,

See Shep. Touch. C. Rel. 322,