A

PRACTICAL TREATISE

ON

CONVEYANCING.

ON SURRENDERS,

INCLUDING

MERGER.

INTRODUCTION.

THE surrender of estates, and the form of the instrument of surrender, will be the subject of this volume.

As the merger of the estate to be surrendered, forms a circumstance in the definition of a surrender, the law of merger of estates is, of consequence, intimately connected with the law of surrender.

Besides, the law of merger is in itself a curious and interesting learning, scattered in the books, and not collected with scientific skill, or in a detailed manner in any work also, as this subject will be found worthy of notice, in proportion as it

is thoroughly understood, the first and a large part of this volume will be devoted to a review of the learning applicable to merger. This will be done from the fullest. conviction, that its importance, illustrated as it will be with observations leading to practical conclusions, will engage the attention, and invite the study of those for whose use this work is designed. No subject has engaged more of the author's attention for the last twenty-five years, or received a greater portion of his research.

To the conveyancer in particular this learning is of high importance. The security and sometimes the foundation of a title, depends on this learning; and now, since the practice of procuring an assignment of outstanding terms, to protect the inheritance, is so generally adopted, this learning frequently decided the inquiries necessary to be made for existing incumbrances. Sometimes also the advantage of priority, as between incumbrances, (a) will be lost for want of sufficient caution in the application of this head of the law. That titles are open to objections, or free from them, is a conclusion frequently to be drawn, on a review and consideration ofthis subject. Gentlemen engaged in the other departments of the profession,

(a) Hasket v. Strong, 2 Str. 689.