of poſſeſſion, it is neceſſary that they all mutually convey and aſſure to each other the ſeveral eſtates, which they are to take and enjoy ſeparately. By the common law coparceners, being compellable to make partition, might have made it by parol only; but joint-tenants and tenants in common muſt have done it by deed: and in both caſes the conveyance muſt have been perfected by livery of ſeiſin[1]. And the ſtatutes of 31 Hen. VIII. c. 1. and 32 Hen. VIII. c. 32. made no alteration in this point. But the ſtatute of frauds 29 Car. II. c. 3. hath now aboliſhed this diſtinction, and made a deed in all caſes neceſſary.
These are the ſeveral ſpecies of primary, or original conveyances. Thoſe which remain are of the ſecondary, or derivative ſort; which preſuppoſe ſome other conveyance precedent, and only ſerve to enlarge, confirm, alter, reſtrain, reſtore, or transfer the intereſt granted by ſuch original conveyance. As,
7. Releases; which are a diſcharge or conveyance of a man's right in lands or tenements, to another that hath ſome former eſtate in poſſeſſion. The words generally uſed therein are "remiſed, releaſed, and for ever quit-claimed[2]." And theſe releaſes may enure either, 1. By way of enlarging an eſtate, or enlarger l'eſtate: 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[3]. But in this caſe the releſſee muſt be in poſſeſſion of ſome eſtate, for the releaſe to work upon; for if there be leſſee for years, and, before he enters and is in poſſeſſion, the leſſor releaſes to him all his right in the reverſion, ſuch releaſe is void for want of poſſeſſion in the releſſee[4]. 2. By way of paſſing an eſtate, or mitter l'eſtate: as when one of two coparceners releaſeth all her right to the other, this paſſeth the fee-ſimple of the whole[5]. And in both theſe caſes there muſt be a privity of eſtate between the releſſor and releſſee[6]; that is, one of their eſtates muſt be
