As to the second question, wo may premise, that if tlie instrument of 13th March, 1868, actually created an estoppel, we should be of opinion that Iho legal estate was now in tho plaintiff, notwithstanding the 26th cection of the Crown Grants Act, 1866. Wo assent to the argument addressed to us by Mr Travers, that the purpose of that enactment is merely to obviate the necessity of a conveyance of the legal estate by the grantee to persons who in equity would be entitled to call for such a conveyance ; and not to take away from any one a legal estate, which would vest in him by the common law, and of which, when so vested, he could not in equity be deprived. But wo are of opinion that no estoppel has in facfc been cremted. It is settled law, that a conveyance by lease and release creates per se no estoppel. The doctrine appears to be founded upon tho authority of Littleton, sec tion 416. It ia said that a man cannot by a release bar himself of a right that shall enme to him hereafter, so that even the words used in releases qua quovis tnodo in futuro Jidbere potero are to no purpose. Shep. Touch, (by Atherley) 320. This doctrine was established at a time long prior to tho use of lease and release as a mode of common assurance ; but it holds good of this modern form of convey ance. Eight, dem. Jeffreys v Bucknell, 2 B. and Ad. 278. See also per V. C. Wood, in Crofts v Middleton, 25 L. J. Eg. 513 in notis. In JBensley v Burdon, 2 Sim. and Stu. 519 Vice Chancellor Leach held, that a conveyance by release would create an estoppel if inado by deed indented. But, on appeal, the Lord Ohuncollor put the estoppel solely on the ground of a particular recital which the deed in that caße contained; (see the cases just cited) ; and the Vice-Chancellor's opinion ie to be considered as overruled. — Sug. Vend. (14th edition) p. 739 (n). By the 14th section of the Conveyancing Ordinance it is enacted, that no conveyance shall create any estate by wrong, or work a forfeiture, or have any other effect than a oonveyanee by lease and release would have had before the passing of tho Ordinance. 