few books on the law, can be expected to be free from observation, and still less from difference of opinion, on practical points. As far as it has been in his power, he has endeavored to have his errors corrected. This has been done rather from an anxiety not to mislead, than from fear of the lash of censure. From the liberality he has uniformly experienced, he is well assured, that, from those to whom he is known, he has nothing severe to apprehend. They will pardon the error in weighing the motive, and will be satisfied that in treading on new ground, many errors were to be expected. All he can say, is, that he will be the first to correct any errors, the moment they shall be detected by himself, or communicated by others. His own justification will be in the fullest conviction, he has not omitted any opportunity of giving the best information in his power, to those whom he wishes to assist, As this work was for the most part written without any previous collection of authorities, and without any concerted plan, it must be in many instances received as the opinion of the author, on points of practice; and not as a collection of texts from decisions of approved authority. Though a reference is frequently made to decided cases, these have been added merely to afford the reader the opportunity of consulting some cases relating to the point. The great difficulty, in many instances, has been to find authorities which could exactly support the author's position. This has happened from the circumstance, that the author has taken practical conclusions rather than the determination of the point of any particular case: and, in many instances the observations are a mere transcript of opinions given in the course of practice. From these observations, the reader will judge with caution, and give the dif ferent propositions that degree of credit only they shall be found to deserve on a more extensive research into the law, and on a perusal of books of approved authority. TABLE CONTENTS. Who shall be said to have the freehold Who in point of estate, &c. can make a sufficient tenant to the writ of entry; and to what extent in point of At what time the tenant must have the freehold Instances in which a recovery will be good, although the actual freehold of the particular lands, is not in the person named as tenant in the writ of entry Of cases in which the law does, and does not admit of the the writ of entry: and of the necessity of the concur- rence of a tenant in a former recovery, in a second re- covery, or the deeds preparatory thereto; with observa- tions by way of caution, to guard against the inconve- nience sometimes experienced from the present practice Of the concurrence of persons who have particular estates, suffer a recovery; and the cautions under which such Cautions when it is doubtful whether a person who in. tends to suffer a recovery has an estate for life or in tail; or when there are, or are supposed to be, contin. gent remainders to be preserved By what tenants in tail, a recovery may be suffered with effect; and to what extent in point of share, Of the necessity of a seisin in the demandant, before any uses can arise under the recovery |