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24/4/76

A COMPENDIUM

OF

The Law

OF

DJC4

REAL AND PERSONAL PROPERTY

PRIMARILY CONNECTED WITH CONVEYANCING:

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DESIGNED AS

A SECOND-BOOK FOR STUDENTS,

AND AS

A DIGEST OF THE MOST USEFUL LEARNING
FOR PRACTITIONERS.

BY JOSIAH W. SMITH, B.C.L., Q.C.,

JUDGE OF COUNTY COURTS.

(EDITOR OF FEARNE'S CONTINGENT REMAINDERS AND EXECUTORY DEVISES, AND MITFORD'S
CHANCERY PLEADINGS; AUTHOR OF A MANUAL OF EQUITY, A MANUAL OF

COMMON LAW, AND A MANUAL OF BANKRUPTCY; AND ONE OF THE
CONSOLIDATORS OF THE CHANCERY ORDERS.)

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LONDON:

STEVENS AND RICHARDSON, PRINTERS, 5, GREAT QUEEN STREET,

LINCOLN'S INN FIELDS, W. C.

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CAUSED THE GREATEST AND MOST BENEFICIAL AMENDMENTS TO BE EFFECTED IN THE PROCEDURE OF THE COMMON LAW COURTS;

GAVE SUCH INCREASED EFFICIENCY TO THE COURT OF CHANCERY,
BY THE MEASURE HE INTRODUCED FOR THE APPOINTMENT
OF THE LORDS JUSTICES;

AND

EXERCISED HIS JUDICIAL FUNCTIONS

WITH TRULY CONSCIENTIOUS AND LABORIOUS CARE,

WITH DIGNITY AND URBANITY,

AND WITH ACCURATE DISCRIMINATION AND SOUND JUDGMENT.

THIS ATTEMPT

TO FACILITATE THE KNOWLEDGE OF

THE LAW OF PROPERTY CONNECTED WITH CONVEYANCING,

IS,

BY PERMISSION,

MOST RESPECTFULLY INSCRIBED.

1855.

PREFACE

TO THE FOURTH EDITION.

THERE are "First-Books" of established reputation (such as the works of Mr. Justice Blackstone, Mr. Serjeant Stephen, and Mr. Joshua Williams, Q.C.), and various general treatises connected with precedents, besides a host of works on particular subjects. But it appeared to the Author, when he first published the present work, that a well-arranged and comprehensive, a concise and yet clearly and accurately expressed Second-Book for Students, on Real and Personal Property, and a Digest of the most useful learning for Practitioners, was much needed. And this is the kind of book which he has attempted and laboured to supply. In the first instance, the materials were collected for his own use, under an oppressive sense of his own personal responsibility as an equity and conveyancing counsel; and the book was afterwards published in the belief that the same want which he had experienced must have been felt by others.

It was intended as a text-book of a general, but not of a merely elementary character, for the use of students, and as a help to practitioners upon the

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