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ON THE

REMEDY BY EJECTMENT

AND THE

1

LAW OF ADVERSE ENJOYMENT

IN THE

UNITED STATES;

EMBRACING IN FULL THE STATUTORY POLICY OF THE SEVERAL
STATES, IN RESPECT TO THE ACTION FOR THE

RECOVERY OF REAL PROPERTY.

By RANSOM H. TYLER,

COUNSELOR AT LAW,
AND AUTHOR OF A TREATISE ON "INFANCY AND COVERTURE."

ALBANY:
WILLIAM GOULD & SON,
LAW BOOKSELLERS AND PUBLISHERS.

1870.

Entered according to act of Congress in the year eighteen hundred and seventy,

BY WILLIAM GOULD & SON,

In the Clerk's office of the District Court of the United States for the Northern District of

New York.

350623

WEED, PARSONS AND COMPANY,
PRIXTERS AND STEREOTYPERS,

ALBAXY, XEW YORK.

PREFACE.

No book upon the subjects which are specially treated in this work has hitherto been produced by an American writer; and it was thought that such a treatise would be acceptable to the legal profession. The work of Mr. Adams on Ejectment is the only one that has been much used, on the subject of real actions, within the last thirty years; and that, although highly esteemed when first published, sixty years ago, has now become, to a very considerable degree, obsolete and, in many respects, inaccurate. A great change has occurred in the statutes relating to actions for the recovery of real property, both in the United States and in England, since the appearance of the last American edition of Mr. Adams' work, insomuch that it is now seldom consulted, and is of very little service as a book of practice. The principles by which the action for the recovery of real property is governed are peculiar, and oftentimes technical and abstruse, and a reliable work upon the subject is important to every practitioner.

In respect to the law of adverse enjoyment, I believe that io person in this country has ever attempted to treat the subject as a specialty, except Mr. Angell; and his essay, entitled “An inquiry into the rule of law which creates a right to an incorporeal hereditament by an adverse enjoyment of twenty years," was published nearly fifty years ago. It is obvious that a knowledge of the later and recent English adjudications, and of the American authorities, upon the subject of both actions for the recovery of real property and the law of adverse enjoyment, is peculiarly important to practitioners in the courts of this country

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