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AMERICAN LAW.

BY JAMES KENT.

VOLUME IV.

VEIP-YORK:

PUBLISHED BY O. HALSTED.

Clayton & Van Norden, Printers.

1830.

L16980

APR 1 1940

Southern District of Nero-York, es.
BE IT REMEMBERED, That on the tenth day of April, A. D. 1830, in the fifty-fourtha

year of the Independence of the United States of America, James Kent, of the said district, kath deposited in this office the title of a Book, the right whoreof

he claims as author, in the words foilowing, to wit:

" Commentaries on American Law. By James Kent. Vol. IV." In conformity to the Act of Congress of the United States, entitled, “ An Act for the en. couragement of Loarning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the time therein mentioned." And also to an Act, entitled " An Act, supplementary to an Act, entitled An Act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the timee therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other Prints."

FRED. J. BETTS,
Clerk of the Southern District of New York.

TO

WILLIAM JOHNSON, ESQ.

DEAR SIR,

In compiling these volumes, (originally intended and now published for the benefit of American students, I have frequently been led to revisit the same ground, and to follow out the same paths, over which I have so often passed with you as a companion to cheer and delight me.

You have reported every opinion which I gare in term time, and thought worth reporting, during the five and twenty years that I was a Judge at Law and in Equity, with the exception of the short interval occupied by Mr. Caines' Reports. During that long period, I had the happiness to maintain a free, cordial, and instructive intercourse with you; and I feel unwilling now to close my labours as an author, and withdraw myself finally from the public eye, without leaving some memorial of my grateful sense of the value of your friendship, and my reverence for your character.

In inscribing this work to you, I beg leave, sir, at the same time, to add my ardent wishes for your future welfare, and to assure you of my constant esteem and regard.

JAMES KENT.

Page

LECTURE L.VII.Of the Law of Mortgage, .....

- . 129

(1.) Of the origin and general nature of mort.

gages, --...

........ 130

(2.) Of the mortgagor's estate, and equity of

redemption, •••

...... 143

(3.) Of the estate and rights of the mortgagee, 158

(4.) Of foreclosure, ------ ...... 173

LECTURE LVIII. O Estates in Remainder, -........... 189

(1.) Of the general nature of remainders, - id.

(2.) Of vested remainders, ........... 194

(3.) Of the nature and variety of contingent

remainders, --...--. ....... 198

(4.) Of the rule in Shelley's case, ---...- 206

(5.) Of the particular estate requisite to

support a remainder, -......... 226

(6.) Of remainders limited by way of use, - 230

(7.) Of the time within which a contingent

remainder must vest, .........

(8.) Of some remaining properties of contin-

gent remainders, --- ...... 250

LECTURE LIX.Of Executory Devises, ------ ......... 257

(1.) Of the history of executory devises, --- id.

(2.) Of the several kinds, and general qualities,

of executory devises, ........ 262

(3.) Of executory devises limited upon failure

of heirs or issue, --.. ......... 267

(4. Of other matters relating to executory de-

278

LECTURE LX-Of Uses and Trusts, ----

.. 283

(1.) Of uses, -------

(2.) Of trusts, -----

295

LECTURE LXI.-Of Powers, ------

309

(1.) Ofthe general nature and division of powers,

(2.) Of the creation of powers, --..--.

(3.) Of the execution of powers, ------

a(4.) Of the extinguishment of powers,

LECTURE LXII.-Of Estates in Reversion, .....

LECTURE LXIII. Of a joint interest in Land, ------

(1.) Of joint tenants, -----

(2.) Coparceners, ------

(3.) Tenants in common, -...

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