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OF

COMMON AND STATUTE LAW.

BY

JOHN B. MINOR, LL. D.,

PROFESSOR OF COMMON AND STATUTE LAW IN THE UNIVERSITY OF

VIRGINIA.

VOLUME I I.

THE RIGHTS WHICH RELATE TO THINGS REAL.

Second Edition, Revised and corrected,

RICHMOND:
PRINTED FOR THE AUTHOR,

SOLD BY M. MRKENNIE & SON, UNIVERSITY OF VIRGINIA;
PANDOLPH & ENGLISH; AND WEST, JOHNSTON, & CO., RICHMOND, VA.

1877.

Entered according to Act of Congress, in the year 1877,

By JOHN B. MINOR,

In the Office of the Librarian of Congress, at Washington.

Printed by
WHITTET & SHEPPERSON,

Cor. 1oth and Main Sts., Richmond, Va,

L 6783

NOV 28 1932

PREFACE TO THE FIRST EDITION.

The reader has been apprised by the preface to the first volume of this work, of how great a change has occurred in its scope and extent, as compared with the original design ; and that, as it was printed in instalments, as the health and leisure of the author enabled him to prepare it for the press, occasional traces of want of homogeneousness would discover themselves, especially in reference to the Statutes of Virginia, which, down to page 496 of the present volume, are to the Code of 1860, and the subsequent Sessions Acts, whilst afterwards they are to the Code of 1873, and the Sessions Acts following.

As this volume may fall into the hands of some who have not seen the preface to the first, it may be expedient to re-print therefrom, the following explanation of the plan and arrangement adopted :

“ The reader who opens the volume for the first time cannot fail to be struck, and perhaps will be repelled, by the very peculiar

arrangement, which, though familiar enough to those who for the last thirty years have pursued their legal studies at the UniFersity of Virginia, requires explanation. The arrangement is designed to exhibit to the eye, on the page, not only the carefully digested order of the propositions, but their relative subordination also, indicated by their standing more or less to the right. The most prominent propositions are designated by the Roman numerals, I, II, III, &c., on the extreme left of the page; and then, as a guide to the reader, the intended position of the subordinate headings (designated by the Arabic numerals, 1, 2, 3, &c.), is shown by small letters attached to the figures (1“, 16, 1°, &c.). Thus, the subordinate heading first in importance and comprehensiveness is indicated by 1", and the subsequent topics corresponding to that (being placed as nearly under it as possible) are designated as 2a, 3a, &c. So the next in subordination is represented by 16, placed a little further to the right, and subsequent corresponding heads (as nearly under 10 as possible) by 2o, 3o, &c.

“ If the reader will turn to the Table of Contents, which is arranged upon this analytical method, he will have little difficulty in understanding and following the plan, which, indeed, is only novel in the extent to which it has been carried."

As was indicated in the preface to the first volume, the author proposes to complete the work in two volumes more, viz. :

Volume III, The Rights which relate to Things Personal ; and
Volume IV, The Remedies for Wrongs, including an exposi-

tion of the general Practice of the Law, and the subject of

Pleading The materials for these are for the most part gathered and arranged, and if the health, and other necessary engagements of the author shall permit, may be ready for the press perhaps within the next twelve or eighteen months.

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