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GOODEVE'S MODERN LAW

OF

REAL PROPERTY.

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HOWARD WARBURTON

WARBURTON ELPHINSTONE, M.A.,

PROFESSOR OF THE LAW OF REAL AND PERSONAL PROPERTY IN THE INNS OF COURT;
ONE OF THE AUTHORS OF "KEY AND ELPHINSTONE'S COMPENDIUM,"

AND

JAMES W. CLARK, M.A.,

LATE FELLOW OF TRINITY HALL, CAMBRIDGE;

BOTH OF LINCOLN'S INN, BARRISTERS-AT-LAW; TWO OF THE AUTHORS OF

" ELPHINSTONE, NORTON, AND CLARK ON INTERPRETATION OF DEEDS."

LONDON:

SWEET AND MAXWELL, LIMITED, 3, CHANCERY LANE,
Law Publishers.

MEREDITH, RAY, & LITTLER, MANCHESTER ;

HODGES, FIGGIS, & CO., AND E. PONSONBY, DUBLIN ;

C. F. MAXWELL, MELBOURNE & SYDNEY.

1891.

LONDON:

BRADBURY, AGNEW, & CO. LIMD., PRINTERS, WHITEFRIARS.

PREFACE

TO THE THIRD EDITION.

SOON after the premature death of the Author, MR. LOUIS ARTHUR GOODEVE, a new Edition of his book on the Modern Law of Real Property was called for, and the present Editors were requested to prepare it, making such modifications in the work as would adapt it to the use of junior practitioners as well as of students, for whom it was primarily designed.

The fulfilment of this task has involved very extensive alterations in the Author's text as well as large additions thereto, and the present Edition includes some subjects not mentioned by the Author, and treats in detail of others which were only briefly noticed in the previous Editions. On the other hand, the Editors have considered that historical matter is out of place in a book which professes to expound the modern law, except where that law is not intelligible without some reference to history; and they have therefore thought themselves justified in substituting a mere outline of the theory of tenure for that part of the Author's Introduction which discussed in detail the subject of Tenure and the Feudal System.

The student should, of course, acquire some knowledge of these subjects before he attempts to master the details of the English Law of Real Property, as it now exists. The sources of fuller information on the history of the law than could be given

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