The object proposed by the author of the following pages has been to produce a work which, without being a mere elementary outline on the one hand, or a mere index of cases on the other, may supply the student with a concise and connected statement of the present law and practice affecting vendors and purchasers of real estate, and the practitioner with a portable book of reference to the recent, and the most important early authorities on the subject.

The general arrangement is, so far as practicable, chronological: considering in regular order the several points which present themselves to notice in cases where an ordinary contract is completed, in the usual way, without litigation actual or threatened; and then discussing, under separate heads, the remedies of either party or his representatives, in cases where the opposite party refuses, neglects, or is unable to perform his agreement; and also the variations consequent on the sale being under a decree of the Court of Chancery. This order is believed to be best adapted to secure attention and aid the memory, and therefore the easiest for purposes of reference.

The establishment of a General Register will, of course, eventually effect considerable changes in the law and practice of sales; but inasmuch as no part of the present system would become wholly obsolete until many years after such a plan had received the assent of the Legislature, it has not been considered necessary or expedient to delay the publication of the present work. Should, however, a Register Act be passed in the approaching session, the author proposes to publish, by way of supplement, some remarks upon the general provisions and apparent effect of the enactment.

In conclusion, he cannot but express a hope that the following pages may be found to be of practical utility. That a treatise of this description was wanting, has, he believes, been long the opinion of many members of the profession; among whom, as an authority, he may name the late Mr. Duval, upon whose expressed opinion to that effect, and in whose lifetime, the present work was in fact undertaken. The author's professional engagements, however, have extended its preparation over a longer period than its moderate bulk would, perhaps, seem to require: the task, moreover, having, in itself, been one of considerable labour, as he has examined, and endeavoured to form an independent opinion upon the applicability of, every authority cited: defects, however, he is fully sensible, must and do exist; many of which an undivided attention might possibly have removed; but in submitting the volume to the Profession, he has at least the satisfactory assurance that the most able are also in general the most candid and lenient critics.

20, Southampton Buildings, Chancery Lane, 1st January, 1851.

[See Addenda and Errata after Table of Cases.]

Addenda Et Errata

P. 3, n. (j), add, as a reference, " Wright v. Snowe, 2 De G. & S. 321."

P. 4, n. (q), add, "see also Price v. Berrington, 7 Ha. 394."

P. 25, n. (a), for " Bower v. Evans," read "Bowen v. Evans."

P. 30, n. (p), for " Wood v. Wood," read "Wood v. White."

P. 32, n. (a), for " L. C." read " V. C. K. B."

P. 57, n. (y), for " Case," read " Cave."

P. 87, n. (b), for " 8," read " 9 Ves."

P. 95, n. (a), for " Halter v. Bunder" read " Hallen v. Runder."

P. 102, n. (o), for " 2 B. & Ad.," read " 2 B. & Cr."

P. 102, n. (t), for " 2 Bro. & P.," read " 2 Bos. & P."

P. 108, n. (d), insert, as second reference, "Davidson v. Cooper, 13 Mee. & W. 343."

P. 109, in sixth line from bottom, for " 10th," read " 11th Oct."

P. 115, n. (c), for " 3," read " 1 Atk."

P. 115, n. (d), insert, as first reference, " 6 Ves. 352."

P. 129, in first marginal note, for " assignment," read " purchase."

P. 183, n. (e), for "Fellows," read "Fellowes."

P. 186, n. (w), for "2," read " 1 Cro. M. & R."

P. 226, add, as an additional paragraph, "It has been recently held that the 68th section of the Lands Clauses Consolidation Act applies to the case of land of which the company is in possession under the 85th section; Adams v. Blackmail Railway Company, 2 Mac. & G. 118."

P. 235, 12th line from top, add, as a reference to the word " tithes," " It has just been decided by V. C. Rolfe that a registered judgment against a spiritual incumbent operates, under this section, as a charge on the tithes and other profits of the living; Hawkins v. Gathercole, 14 Jur. 1103."

P. 241, n. (n), insert, at end of note, " But the exception does not seem to extend to terms for years in copyholds; Prid. on J. 3rd ed. 155."

P. 266, n. (o), supply reference, "p. 314."

P. 269, the first three lines should be qualified as follows: "The vendor must, if practicable, in person convey, or, as respects copyholds, surrender the property; the purchaser need not unnecessarily rely upon a power of attorney."

P. 274, n. (i), for " In re," read" Ex parte Williams."

P. 283, between first and second paragraphs, insert, " The 2 & 3 Vict. c. 11, s. 10, in effect authorizes the Commissioners of the Treasury, upon payment of such sums into the Exchequer as they may require, or on such other terms as they may think proper, to issue a certificate discharging, as in favour of an actual or intended purchaser or mortgagee and his representatives, the lands, tenements, or hereditaments of a vendor, who is a Crown debtor or accountant, from all subsisting and future liability to the Crown, except, in the case of leases, in respect of the rents and covenants, etc.; and, under the 9th section, a quietus, when obtained by a Crown debtor or accountant, is to be registered at the Common Pleas at Westminster."

P. 299, n. (e), " Elliott v. Turner, 477," insert " 13 Sim."

P. 313, n. (x) Add, as a reference, " Barry v. Marriott," 2 De G. & S. 491.

P. 319, n. (d), for " Hud. & Bro." read " 1 Hud. & Bro."

P. 326, n. (k), the statement here referred to seems to have been corrected by Mr. Tilsley in a second edition.

P. 328, after 17th line from top, insert, in continuation of the paragraph, " and the result, it is conceived, must be the same, although the person holding the original agreement be not made a party to the lease."

P. 332, in first marginal note, insert " not" after " But."

P. 337, n. (w), for " Ex parte Longfield," read " Ex parte Layfield."

P. 337, n. (a), add, " the transfer of purchase-money from the account of the Railway Act to that of an administration suit, has been held to be a " payment out of Court," within the 80th sect., Dinning v. Henderson, 2 De G. & S. 485."

P. 413, in sixth line from bottom, insert " be" before " notice."

P. 415, n. (g), "Beadon v. King" is now reported, 17 Sim. 34.

P. 441, n. (l), add, as a reference, " Trench v. Harrison, 17 Sim. 111."

Pp. 465 and 471, Gaston v. Frankum is now reported, 2 De G. & S. 561.

P. 541, second marginal note, for "unsuccessful," read "successful."

A Compendium, etc. etc.