Exercises on a Series of Abstracts of Title to Freehold

ON A SERIES OF

ABSTRACTS OF TITLE

ΤΟ

FREEHOLD, COPYHOLD,

AND LEASEHOLD ESTATES,

AND PERSONALTY,

WITH

OBSERVATIONS AND REQUISITIONS ON
EACH TITLE,

ARRANGED AS EXERCISES FOR THE USE OF LAW STUDENTS
AND ARTICLED CLERKS,

INCLUDING

THE REAL PROPERTY (VENDOR AND PURCHASER) ACT,

REEVES & TURNER, 100, CHANCERY LANE,
Law Publishers.

PREFACE.

IN the acquisition of a knowledge of any art or science, and of the principles and rules having reference, and being applicable, to it, and a competent knowledge of which principles and rules is essential to be acquired by the student, a combination of practice with theory will (when attainable) much contribute to impress on the memory the purport and effect of such principles and rules, and of the conclusions and deductions which have been drawn and will be requisite to be deduced from them.

To the experienced practitioner it will be evident that a series of progressive practical abstracts of ordinary every-day titles, with explanatory observations and notes applicable to the peculiar subject of each title, would much aid the student in attaining a knowledge of the present complicated system of Law prevailing in this country relating to titles to real and personal property, and of the evidence and proofs requisite to be called for, or guarded against, in the examination and deduction of titles.

Most of the abstracts comprised in the following pages have been prepared and arranged as easy problems and exercises for the instruction of students, and considerable information and benefit have been derived from them by a numerous class. Endeavour has been made to render the abstracts useful by explanatory observations, notes, requisitions, and opinions. When the student has read carefully the second

A 2

volume of the Commentaries of Sir William Blackstone, with modern notes, and the recent excellent works by Mr. William Hayes, and Mr. Joshua Williams, and other eminent members of the Bar, he will, in most cases, be in a position to comprehend with facility the greater part of the titles deduced in the abstracts and the observations thereon.

During the last forty years many important alterations and improvements have been effected in the system of Law relating to real and personal property by various statutory enactments; but as titles are in most cases (except under special stipulations) required to be deduced for sixty years at least, it yet remains necessary for the practitioners to be conversant with the Law as it prevailed before the passing of the modern statutes.

In each title the student will assume that the abstract is to be perused and considered on the part of a purchaser, or mortgagee, or of a vendor; and that the proper requisitions, conditions, or stipulations (as the case may be) are to be prepared for carrying the object contemplated into effect, and to relieve the purchaser or vendor (as the case may be) from unreasonable costs in the production and furnishing of documentary and other evidences and proofs of title which may not be absolutely necessary, and which in many instances may be safely waived or dispensed with. But it must be kept in mind that the waiving the production of evidence in support of an abstract of title must in each case depend on the peculiar circumstances of the title, the magnitude of the transaction, and the necessity or wish of the purchaser to complete the purchase.

Mr. Butler observes: "There can be no doubt but that the precautions taken for the security of a purchaser appear to be excessive, and satisfactory reasons cannot always be given for requiring some of them; yet the

more experience any professional person acquires the more he feels the reason and real utility of them, and the more he will be convinced that very few of the precautions required by the general practice of the profession are without their use, or can be safely dispensed with."

For the sake of brevity, and to avoid a repetition of dates and references, the important modern Acts will in this work in most cases be referred to by the following letters, viz.

3 & 4 W. 4, cap. 27 (Limitation of Actions)
3 & 4 W. 4, cap. 74 (Abolition of Fines and