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HISTORY,

PRINCIPLES AND PRACTICE,

(ANCIENT AND MODERN,)

OF THE

LEGAL REMEDY

BY

EJECTMENT;

AND

THE RESULTING ACTION FOR
MESNE PROFITS;

THE EVIDENCE IN GENERAL, NECESSARY TO SUSTAIN AND
DEFEND THEM:

APPENDIX, /

i

ILLUSTRATIVE OF THE SUBJEC&,

By CHARLES RUNNINGTON^

SERJEANT AT LAW.

[graphic]

THE SECOND EDITION,

CONSIDERABLY ENLARGED AND IMPROVED,

By Wm. BALLANTINE, Esa

OF THE INNER TEMPLE, BARRISTER AT LAW.

LONDON:

PRINTED FOR HENRY .BUTTERWORTH, LAW BOOKSELLER,
No. 7, FLEET STREET, BETWEEN THE TEMPLE GATES.

1820.

S. Brooke, Printer, 35, Paternoster-Row, London.

ADVERTISEMENT

TO THE

SECOND EDITION. ,

A HE History of the Principles and Practice of the Legal Remedy by Ejectment, being out of print, and Mr. Serjeant Runnington having communicated to the Editor his wishes on the subject, as also some valuable notes and suggestions, has occasioned the present edition, in which the references have been carefully examined, and the decisions brought down to the present time and incorporated with the text: A new index has also been framed, which, if not so copious as in the last edition, will not be found wanting in any title properly belonging to the subject. Inaccuracies have doubtless escaped the observation of the Editor, but he trusts they are not of great magnitude, or of frequent occurrence.

Serjeants-Inn, Michaelmas Term, 1819.

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PREFACE.

r I iHE Action Op Ejectment, considered as -*- the creature of Westminster-Hall, for the trial of titles with more ease and less expence, than by the medium of a real action, has, for some time, been gradually moulding into a course of practice, to effectuate the end for which it was created.—It has long been an object of considerable importance in the administration of justice; and the same authority which has brought it to its present state, will, no doubt, "carry it to a higher degree of perfection, as ", experience happens to point out its inconveniences "or defects." With the view of illustrating, if any labours of mine could possibly illustrate, its utility, I, in the course of the year 1780, obtruded on the public, a treatise on the subject. That treatise having been some time out of print, the late Mr. Justice Gould, cordially and repeatedly, requested me to revise and enlarge it. The request of that venerable character, (a character which will not easily be deprived of the esteem of posterity, while learning has any reverence, or integrity any respect, among the professors of the law) had the influence of command;—a command which, at every interval of leisure, I cheerfully set myself about to obey. I am free to confess, that, on revising the former treatise, I found great room for amendment; inso

a -1 much,

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