A Treatise on the Law of Mortgage

law by a judgment against the appointor, on the ground that he comes in above the appointor and under the deed creating the power. The Author entertained an opinion that this would not apply in Equity, in case the purchaser had notice of the judgment. The Vice Chancellor, in Eaton v. Sanxter, decided that the doctrine was applicable in both cases, page 78.

The Author has added Chapters on the Statutes of Fraudulent Devises, Tolls, and Stamps, which he hopes will be found useful.

With these preliminary observations, he submits this edition of his work to the Profession, trusting to its lenient judgment on its faults and imperfections.

The Author takes the opportunity of acknowledging his obligations to Mr. Walters of Newcastle, Mr. Manning, and Mr. Charles Beavan, for their kind communications.

1, STONE BUILDINGS,

May, 1837.

PREFACE

TO THE FIRST EDITION.

IN bringing the present Treatise to a close, the Author is naturally 'anxious to address a few words in its behalf to the Public. He was induced to the undertaking by the general impression that a modern Work on the Law of Mortgage was wanting, and from his not being aware that any other gentleman was disposed to the task. Its appearance in Parts was a subject of regret to the Author, but circumstances, over which he had no control, rendered it unavoidable. Since the publication of the First Part, another Treatise on the same subject has been published, as also a new edition of Mr. Powell's Treatise on Mortgages, with Notes. Had the Author been aware that any other Work on the same subject was in progress, he would readily have relinquished his engagement; but he was not acquainted with the fact, until it was too late for him to recede.

In reference to his own performance, he trusts he has been cautious in not drawing conclusions unwarranted by the authorities; he has been anxiously desirous, to the best of his abilities, in no instance to mislead his Readers.

The compilation of a Law Treatise has, from the number of our Reports, become a work of considerable labour;

and in traversing so wide a field of inquiry as is presented on a review of the Law on Mortgage, errors will unavoidably arise, and many defects occur; but the Author has the satisfaction of knowing that those, who from their learning and talents are best enabled to form a judgment of his Work, will be the most inclined duly to appreciate its difficulties, and to make every candid allowance for its imperfections.

In conclusion, the Author hopes his efforts may, in some degree, prove useful to the Profession, and that he has not fruitlessly expended so much time and labour as have been devoted to the accomplishment of the present Work.

LINCOLN'S INN,

Michaelmas Term, 1822.