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TREATISE

ON THE

LAW OF MORTGAGE.

33400

BY

RICHARD HOLMES COOTE, ESQ.

OF LINCOLN'S INN, BARRISTER AT LAW.

SECOND EDITION.

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS,

43, FLEET STREET.

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TO

LEWIS DUVAL, ESQ.

MY DEAR SIR,

My labours in preparing this Edition for the press are at length brought to a close, and the pleasing task alone remains of addressing it to you.

I have long been desirous of thus publicly expressing my admiration of your talents, and the high regard which I entertain and feel for your continued friendship.

Your extensive learning and profound knowledge of the Law of Real Property, must have long since led you to the dignities of the Profession, had such been in the course of your career.

As it is, you must rest satisfied with being at the head of that branch of the Law which has been the peculiar subject of your Practice. Trusting that lengthened life and health will be granted you, no less for the gratification of your Friends than for the advantage of the Public,

I remain,

My dear Sir,

Yours very truly,

RICHARD HOLMES COOTE.

1, Stone Buildings, Lincoln's Inn,

May, 1837.

PRE FACE.

During the period which has elapsed since the publication of the former edition of this Treatise, so many important alterations have been made by the legislature in the Law of Real Property, that the labour of adapting the work to the present state of the law has been almost equal to that of its original production.

The Author cannot fatter himself that omissions and errors will not be discovered, but he can safely allege, that neither care nor time (so far as his other engagements permitted) has been spared in order to avoid them.

In some instances it has been impossible to predicate, with certainty, the full effect of the new Statute Law on the law as founded on the

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