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WITH NOTES AND REFERENCES TO AMERICAN CASES,
BY BENJAMIN RAND, Esq.
NEW YORK :
E. & G. Merriam, Printers, Brookfield, Mass.
SOUTHERN DISTRICT OF NEW-YORK, SS.
BE IT REMEMBERED, that on the 4th day of September, A. D. 1830, in the 55th year of the Independence of the United States of America, Gould, Banks, & Co. of the said District, have deposited in this office, the title of a Book, the right whereof they claim as Proprietors in the words following, to wit :
“ A treatise on the doctrine of presumption and presumptive evidence, as affecting the title to real and personal property. By John H. Mathews, Esq. of Lincoln's Inn, Barrister at Law. With notes and references to American cases, by Benjamin Rand, Esq.”
In conformity to the Act of Congress of the United States, 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 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 times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.”
FRED. J. BETTS,
THE FOLLOWING WORK IS INSCRIBED TO
THOMAS SHEPHERD, ESQ.
OF THE MIDDLE TEMPLE,
AS A TESTIMONY OF RESPECT
The object of the following work is to investigate and explain the doctrine of Presumption and Presumptive Evidence in their application to Titles, and to show how far defects in titles arising from the want of direct evidence may be supplied by established presumptions, or by those which are afforded from the particular circumstances of the case.
It was at an early period of his professional studies that the author was impressed with a sense of the utility of a work of this description. On almost every other subject connected with the practice of conveyancing, treatises or digests of the cases already existed; these afforded a ready means of acquiring all the information extant, and removed many of the difficulties which the various subjects they embrace continually presented to the conveyancer. But when questions arose which were to be determined by the principles of presumption (and to such questions every Abstract of Title gives more or less occasion), recourse could be had only to detached cases and judicial dicta in the books of reports, and to casual pas