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J.C. ALGUIRE,

BAARISTER
OORNWALL, ONT.

A TRE A TISE

ON THE

LAW OF MORTGAGE.

BY

RICHARD HOLMES COOTE, ESQ.,

OF LINCOLN'S INN, EARRISTER-AT-LAW.

THE THIRD ENGLISH EDITION,

BY THE AUTHOR,

AND BY

RICHARD COOTE, ESQ.,

OF LINCOLN'S INN, BARRISTER AT LAW, AND FELLOW OF TRINITY HALL, CAMBRIDGE.

SECOND AMERICAN EDITION,

WITH NOTES AND REFERENCES TO AMERICAN CASES.

PHILADELPHIA:

T. & J. W. JOHNSON, LAW BOOKSELLERS,
No. 197 CHESTNUT STREET.

1850.

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PREFACE.

In presenting the Third Edition of this work to the public, the author is bound to observe that he has had the great advantage of the co-operation of his learned Co-Editor, whose labours have been devoted to it for nearly two years. The matter in the Text is almost doubled in quantity, although from the difference of type the Book itself is not much increased in actual bulk. The numerous Decrees of the able Judges now presiding over the different Courts of Equity, in addition to the Parliamentary Enactments bearing on the subject, render the task of a modern Law Author, in so wide a field as that of mortgage, almost herculean.

A very copious Index, extending to upwards of a hundred pages, has been added, and all the authorities carefully considered from the date of the Work to the present time.

It is hoped the errors will not be found numerous, although some must inevitably have occurred.

It was expected that the Commission now sitting for the consideration of the Law of Real Property would have been able to have produced their Report on the subject of a General Registry prior to the appearance of this Book, so that any observations which occurred might have been added; but as the Report is still deferred, it has not been thought necessary to delay the publication of this Volume on that account: some other opportunity will perhaps present itself for the purpose.

LINCOLN's Inn,

January, 1850.

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