Entered according to Act of Congress, in the year eighteen hundred and forty-six, by DERBY, BRADLEY & CO., in the Clerk's Office of the District Court of the United States, for the District of Ohio. E. Shepard's Power Press, PREFACE. THE Commentaries of the late Judge Story, on Equity Jurisprudence, enjoy a world-wide reputation, which the author of this volume, could neither increase with his praise, nor diminish by his censure. The critical and elaborate learning, with which every title of Equity is discussed, blending the utility of a digest, with the merit of a philosophical treatise, must always render that great work, indispensable to the lawyer, or the advanced student. But, from these very excellencies, arise some imperfections, when it is used as an elementary book. The young man, who has no previous knowledge of the principles of the science, confused amid a labyrinth of particulars, is unable to prosecute his studies, with enlightened and discriminating attention. A clear, concise, and methodical outline, of the general principles of Equity, containing only that which it is important to remember, would not only supply a want which is felt by every student, in the early stages of his reading, but would greatly facilitate his future progress, by furnishing him with the means of arranging, digesting, and reviewing his knowledge. The present volume has been prepared, in the hope that it may to some extent, accomplish these ends. It is not intended to supply the place of the Commentaries, with any class of readers; but to serve simply as an introduction, a companion, and a supplement to their study. The text is substantially, an abridgement of that work. The same general plan, and arrangement, has been pursued, and the elementary principles which are supposed to possess most practical value, selected, and presented, with appropriate illustrations, in a greatly condensed form. The author has felt at liberty to make very considerable alterations, and additions, (entirely however of an elementary character,) believing that this course would not diminish, but increase the adaptation of his own work, to be a companion to the study of the Commentaries. The other leading feature of the present volume, and which renders it, in some sense, supplementary to the Commentaries, is the effort to incorporate in the notes, the most striking illustrations of the principles of Equity, to be drawn from the American Reports. The value of these notes, is enhanced, by the circumstance, that Judge Story very seldom appeals to American authority, even on many points where the English and American rules are different. They have been prepared with no reference to the work of Judge Story, and embrace very little matter, in common with it. Although the author is sensible, that this portion of his task, has been executed in an imperfect manner, yet it has cost him great labor, and embraces, as he believes, a larger number of American decisions on Equity, than can be found any where else in the same compass. It is proper that he should acknowledge, in this place, the use which has been occasionally made, throughout the volume, without any particular reference, of the Commentaries of Chancellor Kent, and the notes to the American Edition of Vesey's, and Brown's Reports. Cincinnati, May, 1846. JAMES P. HOLCOMBE. |