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The intention, in writing this work, is to present, in moderate compass, the principles which govern the various branches of the law of land, adopting for the purpose a method of analysis and order calculated to make plain the relations of these various branches to one another and to the whole. The treatment is believed to be sufficiently simple to assist, and not repel, those previously unacquainted with the subject, and yet sufficiently full to render the book useful to the practicing lawyer, and to furnish at least a clue to the solution of questions ordinarily arising in connection with land-title examination and litigation.
The labor involved in the preparation of this treatise, however considerable, would have been largely ineffective, had it not been preceded by, and to a great extent based on, the labor of others. Some of the weightiest of my obligations I desire to specify. “The Digest of the Law of Property in Land,” by the late Stephen Martin Leake, and its companion volume, "The Law of Uses and Profits of Land," have been of the greatest assistance. Exhibiting, as they do, a thorough grasp of the subject as a whole, an admirable method of analysis, and a singular power of lucid and elogant expression, these volumes stand well in the front rank of English legal literature. The splendid collection of “Cases on the Law of Property," by John C. Gray, Esq., of Harvard University, has been constantly used, and has been freely cited. “The Rule against Perpetuities,” by the same profound scholar, is the basis of my discussion of that bubject, and was much utilized in my treatment of other parts of the law of future estates and interests. The classi. fication and notes of the volume of “Cases on Trusts,” by James Barr Ames, Esq., of Harvard University, was also mnost helpful, in connection with my chapter on “Equitable Ownership.” In the consideration of other doctrines of an equitable character, the admirable treatise on "Equity Jurisprudence," by the late John Norton Pomeroy, has been an unfailing guide. The "Selected Cases on the Law of Property in Land," by William A. Finch, Esq., of Cornell University, has been much used, particularly in connection with my chapter on “Rights of Enjoyment Incident to Ownership," and the scholarly collection of "Cases on the Law of Mortgage,” by George W. Kirchwey, Esq., of Columbia University, has been freely cited. The “Syllabus of Lectures on Real Property," delivered at the University of Maryland by Richard M. Venable, Esq., unfortunately not finished, and now, I believe, out of print, has, in parts of my work,
, been helpful and suggestive, and I take particular pleasure in acknowledging this indebtedness, in that it was under the instruction of this learned member of the Baltimore bar that I first acquired a knowledge of, and interest in, the subject of this work. I desire, also, to mention my obligations to a number of articles in the American and English Encyclopaedia of Law, which, by reason of their clear analysis and full citation of authorities, have been most useful, and also to the notes and comments on current cases in the Harvard Law Review, and to the compilation of "American Statute Law," by F. J. Stimson, Esq. The above list includes but a small portion of the works from which I have derived assistance, but for the rest I must refer to the citations to be found in the notes, which show, better, perhaps, than I can state, the extent of my obligations to others.
In conclusion, I desire to express my appreciation of the courtesies extended to me by those in charge of the rooms of the Social Law Library of Boston, where it was my privilege to write a considerable portion of this work.
H. T. T.
21. Incidents of estate