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be found to be in some degree remedied in the present Edition; it must, however, be borne in mind that the Lectures do not profess to contain an exhaustive treatise upon the various subjects to which they refer, and that they are rather enunciations of general principles, by a knowledge of which the student is enabled to fill up the details and minutiæ for himself.
An Index of Cases cited in the volume has been added, and for a Table of Contents, reference is made to pages 24 to 28.
The thanks of Professor Menzies' Representatives are due to David Duncan, Esq., Advocate, for his valuable services in carrying through the Second Edition.
The Editor of the present Edition begs to acknowledge the services of Alexander Asher, Esq., Advocate, and John Hendry, Esq., W.S., who assisted him with its preparation, and the latter of whom was kind enough carefully to revise the Notes relating to the Titles to Land Acts.
31, RUTLAND SQUARE, EDINBURGH, January 1863.
PREFACE TO FIRST EDITION.
THE Trustees of the late Professor Menzies, in presenting this Volume to the Public, have been chiefly influenced by the conviction, that it will be found in a great measure to supply a desideratum that has for many years past been felt, not less by the members of the Legal Profession at large, than by the successive classes of Students for whose benefit the Lectures were originally designed.
The Lectures are accompanied by references, in the form of footnotes and an Appendix, to the recent important decisions of the Court of Session and of the House of Lords. Since Professor Menzies ceased to occupy the Chair of Conveyancing, several extensive modifications of the Law have been introduced by the Legislature, and especially in the matter of Bankruptcy. In the Notes, the attention of the Student has been called to these Statutes, and he is requested to read the text with reference to their provisions.
The Trustees take this opportunity of acknowledging their deep obligations to Professors Swinton and More for their kindness in undertaking the active duties of the Chair of the late Professor Menzies during last Session, and to James Mitford Morison, Esq., Advocate, for the great labour which he bestowed upon the Examina
Their sincere thanks are also due to the last-named gentleman, and to John Hunter, Esq., Auditor of the Court of Session, for superintending the present publication.
EDINBURGH, 1st October 1856.
PREFACE TO SECOND EDITION.
IN consequence of the First Edition having been exhausted within a few months after publication, it has been found necessary to prepare a new Edition. In doing so, no alterations have been made on the text; but Notes have been introduced, referring more fully to recent Statutes, and showing the changes in the Law arising from the decisions and Statutes of the past year. The Editor of the present Edition has also revised and corrected the Index, which, it is hoped, will thus be rendered more useful for reference.
EDINBURGH, November 1857.
Allan v. Young,
Allan and Mearns v. Skene,
Allan, Douglas v. .
Allan, Robertson v.
Allen, Elders v.
Allison, Paul v.
Alston v. Denniston and Co.,
97, 136, 501
Anderson v. Alexander,
Anderson v. Thomson or Anderson, 578, 594
Anderson v. Western Bank,
Anderson v. Young and Trotter,
Anderson, Berry v.
Annan, Robertson v.
Annand and Colhoun v. Chessells,
Annandale v. Macniven,
Annandale, Marquis of, Irving, etc.,
Austruther v. Lewis,
Anstruther, Sir Windham Carmi-
quair's Trustees v.
Ardrossan Canal Co., Speirs v.
Argyle, Duke of, v. Creditors of
Argyle, Duke of, v. Creditors of
Argyle, Duke of, v. Earl of Dun-
Argyle, Duke of, v. Feuars of Shear-
Argyle, Duke of, Ballenden
Armstrong, Douglas and Heron v.
625, 653, 733
Arthur, M'Gilchrist v.
Athole, Duke of, Robertson v.
Atkinson, Mitchelson v.
Attwell, Johnstone and Co. v.
Auchencloss, Lennox and Co. v.
Aytoun' v. Dundee Banking Com
Aytoun v. Magistrates of Kirkcaldy,