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A

PRACTICAL TREATISE

ON THE

LAW OF PARTITION;

WITH

AN APPENDIX,

CONTAINING

THE STATUTES

AND

A SELECTION OF PRECEDENTS.

BY CHARLES BLAKE ALLNATT,

OF LINCOLN'S INN, ESQ.

LONDON:

PRINTED FOR JOSEPH BUTTERWORTH AND SON, 43, FLEET STREET;

AND J. COOKE, ORMOND QUAY, DUBLIN.

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PRINTED BY J. AND T. CLARKE, 38, ST. JOHN's-SQUARE, LONDON.

PREFACE.

HAVING had occasion, in the course of practice, to consider one or two points arising on the subject of Partition, I found the law applicable to those points much scattered in the books. It occurred to me, therefore, that as a work analyzing the general law of Partition would have greatly assisted my own researches, it might not perhaps be deemed useless by the Profession at large.

My idea, however, was to have attempted a more extended production than the present. I meant to have introduced the Law of Partition by a previous discussion of that relating to the different species of Co-tenancy in consequence of which Partition is necessary; which, in fact, would be treating, to a certain extent, of the quality of

Estates. But I soon found that this was entering into too large a field of investigation. Besides, I afterwards understood, that Mr. Preston was republishing his invaluable Essay on the quantity and quality of Estates; and I was then immediately decided in the course I should adopt. The present Work, therefore, is simply what it professes to be, a Treatise on Partition; and the Student or Practitioner, who may happen to refer to it, is presumed to be already acquainted with the nature and qualities of the several kinds of Co-tenancy.

I have not even entered into an historical detail of the origin and progress of the law respecting partible descents. This is an employment rather for the antiquarian than the practical lawyer; and is the more unnecessary, as the learning has already been amply and scientifically discussed in several publications.

It will be also observed, that I have either touched very slightly, or not at all, on several of the points relating to Partition, which, nevertheless, are copiously discussed in the books. My reason was, because the learning on the subject is either obsolete; or else, as to practical pur

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