release

I

To discharge a claim one has against another, as for example in a tort case the plaintiff may discharge the liability of the defendant in return for a cash settlement. To lease again or grant new lease.

See accord and satisfaction

II

A writing or an oral statement manifesting an intention to discharge another from an existing or asserted duty. The relinquishment, concession, or giving up of a right, claim, or privilege, by the person in whom it exists or to whom it accrues, to the person against whom it might have been demanded or enforced. Abandonment of claim to party against whom it exists, and is a surrender of a cause of action and may be gratuitous or for consideration. Melo v. National Fuse & Powder Co., D.C.Colo., 267 F.Supp. 611, 612.

Giving up or abandoning of claim or right to person against whom claim exists or against whom right is to be exercised. Adder v. Holman & Moody, Inc., 288 N.C. 484, 219 S.E.2d 190, 195.

A discharge of a debt by act of party, as distinguished from an extinguishment which is a discharge by operation of law, and, in distinguishing release from receipt, "receipt" is evidence that an obligation has been discharged, but "release" is itself a discharge of it. Glickman v. Weston, 140 Or. 117, 11 P.2d 281, 284.

An express release is one directly made in terms by deed or other suitable means. An implied release is one which arises from acts of the creditor or owner, without any express agreement. 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. Liberation, discharge, or setting free from restraint or confinement. Thus, a man unlawfully imprisoned may obtain his release on habeas corpus.

See also bail

The abandonment to (or by) a person called as a witness in a suit of his interest in the subject-matter of the controversy, in order to qualify him to testify, under the common-law rule. A receipt or certificate given by a ward to the guardian, on the final settlement of the letter's accounts, or by any other beneficiary on the termination of the trust administration, relinquishing all and any further rights, claims, or demands, growing out of the trust or incident to it. In admiralty actions, when a ship, cargo, or other property has been arrested, the owner may obtain its release by giving bail, or paying the value of the property into court. The conveyance of a person's interest or right which he has in a thing to another that has the possession thereof or some estate therein. The relinquishment of some right or benefit to a person who has already some interest in the property, and such interest as qualifies him for receiving or availing himself of the right or benefit so relinquished.

- conditional release

@ deed of release

A deed operating by way of release; but more specifically, in those states where deeds of trust are in use instead of common-law mortgages, as a means of pledging real property as security for the payment of a debt, a "deed of release" is a conveyance in fee, executed by the trustee or trustees, to the grantor in the deed of trust, which conveys back to him the legal title to the estate, and which is to be given on satisfactory proof that he has paid the secured debt in full or otherwise complied with the terms of the deed of trust

+ deed of release

One releasing property from the incumbrance of a mortgage or similar pledge upon payment or performance of the conditions. More specifically, where a deed of trust to one or more trustees has been executed, pledging real property for the payment of a debt or the performance of other conditions, substantially as in the case of a mortgage, a deed of release is the conveyance executed by the trustees, after payment or performance, for the purpose of divesting themselves of the legal title and revesting it in the original owner

@ release by way of enlarging an estate

A conveyance of the ulterior interest in lands to the particular tenant; as, if there be tenant for life or years, remainder to another in fee, and he in remainder releases all his right to the particular tenant and his heirs, this gives him the estate in fee. 2 Bl.Comm. 324

@ release by way of entry and feoffment

If there be two joint disseisors, and the disseisee releases to one of them, he shall be sole seised, and shall keep out his former companion; which is the same in effect as if the disseisee had entered and thereby put an end to the disseisin, and afterwards had enfeoffed one of the disseisors in fee. 2 Bl.Comm. 325

@ release by way of extinguishment

If my tenant for life makes a lease to A. for life, remainder to B. and his heirs, and I release to A., this extinguishes my right to the reversion, and shall inure to the advantage of B.'s remainder, as well as of A.'s particular estate. 2 Bl. Comm. 325

@ release by way of passing an estate

As, where one or two coparceners releases all her right to the other, this passes the fee-simple of the whole. 2 Bl.Comm. 324, 325

@ release by way of passing a right

If a man be disseised and releaseth to his disseisor all his right, hereby the disseisor acquires a new right, which changes the quality of his estate, and renders that lawful which before was tortious or wrongful. 2 Bl.Comm. 325

@ release of dower

The relinquishment by a married woman of her expectant dower interest or estate in a particular parcel of realty belonging to her husband, as, by joining with him in a conveyance of it to a third person

@ release of mortgage

A written document which discharges the obligation of a mortgage upon payment and which is given by mortgagee to mortgagor or holder of equity and recorded in the office where deeds and other instruments of conveyance are recorded

@ release to uses

The conveyance by a deed of release to one party to the use of another is so termed. Thus, when a conveyance of lands was effected, by those instruments of assurance termed a lease and release, from A. to B. and his heirs, to the use of C. and his heirs, in such case C. at once took the whole fee-simple in such lands; B. by the operation of the statute of uses, being made a mere conduit-pipe for conveying the estate to C.

@ releasee

The person to whom a release is made

@ release on own recognizance

Pre-trial release based on the person's own promise that he will show up for trial (no bond required). A species of bail in which the defendant acknowledges personally without sureties his obligation to appear in court at the next hearing or trial date of his case. It is used in place of a bail bond when the judge or magistrate is satisfied that the defendant will appear without the need of a surety bond or other form of security. Also referred to as "release on own recognizance" or "ROR".

See e.g. 18 U.S.C.A. No. 3142; Fed.R.Crim.P. 46

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