Law of Real Property

BEING

A COMPLETE COMPENDIUM OF REAL ESTATE LAW, EMBRACING ALL
CURRENT CASE LAW, CAREFULLY SELECTED, THOROUGHLY
ANNOTATED AND ACCURATELY EPITOMIZED; COMPARA-

TIVE STATUTORY CONSTRUCTION OF THE LAWS

OF THE SEVERAL STATES; AND EXHAUST-

IVE TREATISES UPON THE MOST IM-

PORTANT BRANCHES OF THE

LAW OF REAL PROPERTY

VOL. 12

EDITED BY

ARTHUR W. BLAKEMORE

OF THE

BOSTON BAR

JOINT EDITOR of

"GOULD AND BLAKEMORE ON BANKRUPTCY," AUTHOR OF "ABOLITION OF GRADE
CROSSINGS IN MASSACHUSETTS," Editor of "Wood's PRACTICE

EVIDENCE," SECOND EDITION, ETC.. ETC.

CHICAGO, ILL.

T. H. FLOOD & CO.

1909

This volume contains notes of the leading real estate cases and statutes of the past two years, selected and reported in view of their importance and value to the profession.

With the aim constantly in mind of making the mass of material here contained immediately available to the busy attorney, I have altered some of the old titles which seemed unusual, leaving, however, in every case cross-references to guide one used to the old arrangement, and have in addition multiplied many times the number of cross-references inserted in the previous volumes, to bind together parts of the material which necessarily touch or overlap. It is my hope that the reader can by the use of the synopsis and the cross-references, without opening the index, find everything contained in this volume. I have also arranged the statutes here noted alphabetically by states wherever this seemed of convenience.

Cases of great interest to the profession, on all the topics treated, showing the development of the law in many novel directions, are reported. Notably in mining cases and the law relative to oil and gas, will the student find much here that is instructive. The most striking decision of the past two years, a case of tremendous public importance, is the Opinion of the Justices of the Supreme Court of Maine, reported in section 575, in which the court upholds the right of the legislature to regulate the cutting of timber on wild or uncultivated lands without compensation to the owner. The principle there laid down would seem vital to the conservation of our national resources.

The ultimate value of the volume to the profession as an accurate reflex of the law must rest on the painstaking labor of the men who gathered the material and if the work should prove of assistance to the profession theirs will be the credit. These men, to whom I am greatly indebted for their most valuable co-operation, are Elliott B. Church, R. Jackson Cram and Raymond A. Blakemore.

Boston, September 1, 1908.

ARTHUR W. BLAKEMORE.