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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

tions.

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.

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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.

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Allan v. Young,

Allan and Mearns v. Skene,

Allan, Douglas v. .

Allan, Robertson v.
Allan, Wight's Trustees v.
Allan's Trustees, Ross v.
Allans v. Fleming,
Allans, Stevenson v.
Allardes v. Morison,
Allardice v. Forbes,
Allen, Blair v.

Allen, Elders v.

Allison, Paul v.

Alston v. Denniston and Co.,

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PAGE

97, 136, 501
223, 230
306

351

61

694

715

319

723

500

34
204

85

494

306

381

220

Anderson,

783

865

111

420

Anderson v. Alexander,
Anderson v. Cock,
Anderson v. Kinloch,
Anderson v. Lorimer,
Anderson v. Matheson
Anderson v. Nasmyth,
Anderson v. Stewart,
Anderson v. Tarbat,

353

883

876

891

140

Anderson v. Thomson or Anderson, 578, 594

Anderson v. Western Bank,

469
857

43

474

180

883

346

889

880
666, 671
230
557

Anderson v. Young and Trotter,

Anderson, Berry v.
Anderson, Campbell v.
Anderson, Cormack v.
Anderson, Gardiner v.
Anderson, Gordon v.
Anderson, Mead v.
Anderson, Milne v.
Anderson, Norton v.
Anderson, Poole v.
Anderson, Proctor v.

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788

367, 373

865

876

545

698
147

707
343, 351
413

300

302

843

344, 349

117, 118

299

726

358

317

544

322

309

371

363

83
710
710, 711, 793
237
757

Annan, Robertson v.

Annand and Colhoun v. Chessells,
Annandale,

Annandale v. Macniven,
Annandale, Creditors of, Viscount
Stormonth v.

Annandale, Marquis of, Irving, etc.,
Anstruther v. Black,

Austruther v. Lewis,
Anstruther v. Miller,

Anstruther, Sir Windham Carmi-
chael, v. Wilkie,
Anstruther, Inglis v.
Anstruther, M'Kirdy v.
Anstruther's Trustees, Lord Tra-

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quair's Trustees v.
Anstruther, Renton v.
Arbuckle v. Taylor,
Arbuthnot v. Calderwood,
Arbuthnot v. Cockburn,
Arbuthnot v. Gentleman,
Arbuthnot, Ainslie v.
Arbuthnot, Falconer v. .
Arbuthnot, Kennedy v.
Arbuthnot, Town-Council of Brechin
570, 573, 584, 588
Arbuthnot and Co., Ainslie v.
Archibald v. Marshall

V.

473

122

888

Ardrossan Canal Co., Speirs v.
Argyle v. Campbell,

542

Argyle, Duke of, v. Creditors of
Barbreck,

Argyle, Duke of, v. Creditors of
Tarbert,

171

726, 501

.

Argyle, Duke of, v. Earl of Dun-

more,

Argyle, Duke of, v. Feuars of Shear-
dale,

V.

Argyle, Duke of, Ballenden
Argyle, Duke of, Lamont v.
Argyle, Earl of, v. M'Donald,
Arkley, Stoddart v.
Armstrong v. Johnstone,
Armstrong v. Wilson,

Armstrong, Douglas and Heron v.
Armstrong, M'Millan v.
Arnot v. Turner,
Arnot, Rankin v.
Arrot v. Gairden

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720

625, 653, 733

424

810

728

PAGE

359

451

392

476

106, 114
334

731

v. 600
260

306

57

Arthur, M'Gilchrist v.
Athole, Duke of,

Athole, Duke of, Robertson v.
Atkinson, Mure, and Boyle v. Lear-

month,

Atkinson, Mitchelson v.

54

159

50

Attwell, Johnstone and Co. v.
Attwood v. Kinnear and Sons,
Auchenbreck, Creditors of, Binn-
ing v.

Auchencloss, Lennox and Co. v.
Auchenleck v. Millar,
Auchnarnes, Hay v.
Auchterlony, Willock v.
Aytoun,

Aytoun' v. Dundee Banking Com

pany,

Aytoun v. Magistrates of Kirkcaldy,
Aytoun, Deas v.
Aytoun, Tweeddale v.

604

552

599

524

668
664
141
379, 383

358
294

719

576

846

128

384

750

881

814

318

757

93

263

461

36

348

819

708

432

431

834

401

553

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