A Practical Treatise on the Law of Covenants (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1829. Excerpt: ... PREFACE. The utility of works expressly devoted to the investigation of particular branches of jurisprudence, has been universally acknowledged; and it is a matter of surprise, that, among the numerous valuable text books already published, the Law of Covenants has not been made the subject of a distinct treatise. With the view of supplying the defect, the Author undertook the heavy responsibility of composing this volume. To collect, analyze, and reduce into order, the mass of confused, and frequently contradictory cases on the subject; to expound their general principles; and to exhibit, in a connected and comprehensive form, the actual state of the Law of Covenants at the present day, was the serious duty he imposed upon himself. With what degree of success his endeavours may have been attended, he is afraid to contemplate. Had he been aware of the difficulties incident to the progress of his labours, he might, perhaps, have abandoned his intention, and have left the task to others more competent to carry it into execution. Most of the positions advanced as law in these pages, will, it is apprehended, be found to be fully warranted by the authorities cited in confirmation of them. But in some instances, depending rather on a train of reasoning for the conclusion arrived at, than admitting a justification by any precise case in point, the Author has, with much diffidence, submitted his own opinion. As his remarks are easily distinguishable from the propositions sanctioned by judicial determination, and will be estimated in proportion only to their intrinsic worth, no danger can accrue to the student from their perusal. He may adopt or repudiate them as his better judgment may suggest. The selection of the Particular express Covenants treated of in Part ...