THE

LAW OF REAL PROPERTY,

BEING

A COMPLETE COMPENDIUM OF REAL ESTATE LAW, EMBRAGING: ALL GUR-
RENT GASE LAW, GAREFULLY SELECTED, THOROUGHLY ANNOTATED
AND AGGURATELY EPITOMIZED; GOMPARATIVE STATUTORY
GONSTRUCTION OF THE LAWS OF THE SEVERAL STATES;

AND EXHAUSTIVE TREATISES UPON THE MOST
IMPORTANT BRANCHES OF THE LAW
OF REAL PROPERTY.

"Ballards' Real Estate Statutes of Indiana," "Ballards' Real Estate Statutes of Ken-
tucky," "Ballard's Ohio Law of Real Property," and Editors, with Mr. Thornton,
of "Thornton & Ballards' Annotated Indiana Practice Code."

STANI

VOL. 4.

LOGANSPORT, IND.

THE BALLARD PUBLISHING CO.

PREFACE.

In presenting this, the fourth volume of our serial on the Law of Real Property, to the profession, we desire to reaffirm our original purpose to make this entire series, at every stage of its progress, an exceedingly useful help to every busy lawyer and over-worked judge who must daily, in some way, have occasion to examine some of the more than one thousand questions directly connected with the one hundred text book subjects completely covered by this work. Instead of attempting to rewrite the law, as laid down by the masters. whose excellent works have so long been in the hands of the profession, we have contented ourselves with an honest effort to chronicle its growth as affected by our legislative and judicial forces, uncolored by any preconceived opinions of our We have not assumed to say that any case, however weak, is of no value; but, in epitomizing the cases upon any given point, while preserving them all, we have, in the arrangement and space occupied, to a large extent, indicated the character and relative importance of each case, frequently quoting the important language of the opinion and giving the

own.

cases

cited by the court; and where there is a conflict of authority both sides are given. We have constantly borne in mind the thought that we could be most helpful to those whom we seek to serve by making the finding of the law as easy as possible. One index issued in a separate volume covers the entire series. In this index we have not attempted to repeat the contents of the four large volumes, but we have tried to of but a moment's work. We realize the responsibility which make the finding of any portion or their contents the matter

accompanies the task upon which we are engaged, but our hands have been strengthened for better work and our hearts lightened and warmed by the generous reception given to our work, and the many kind words of commendation, for all of

which

we again desire to make grateful acknowledgment. THE EDITORS.