十

A

TREATISE

ON

THE AMERICAN LAW

OF

UNIVERS

REAL PROPERTY.

BY

EMORY WASHBURN, LL. D.,

UNIVERSITY PROFESSOR OF LAW IN HARVARD UNIVERSITY.

146340

IN TWO VOLUMES.

VOLUME II.

UML

BOSTON:

LITTLE, BROWN AND COMPANY.

سعاده

Entered according to Act of Congress, in the year 1862, by

EMORY WASHBURN,

In the Clerk's Office of the District Court for the District of Massachusetts.

JMU

CAMBRIDGE:

Allen and Farnham, Printers.

PREFACE.

THE favor with which the former volume was received, encouraged the author to an early preparation of the present, but its publication has been delayed in consequence of the disturbed condition of the country. It is now offered in completion of what, at first, had somewhat the character of an experiment the contribution of a new treatise, to the already formidable mass of legal literature.

The original plan of the work has been pursued, and while nothing has been stated for which there did not seem to be a satisfactory authority, all unnecessary citation of cases has been avoided, although their number has swollen to between two and three thousand.

For the number or character of the topics treated of in this volume, its author will not, of course, be held responsible. For the space allotted to each, he has been guided, in a measure, by their relative practical importance. That of Easements, for instance, occupies a more prominent place than some of the topics which it requires far more study and effort to master. It has, moreover, been his aim to exhibit, while treating of the subjects generally regarded as abstruse and uninviting,