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THE

LAW OF REAL PROPERTY,

BEING

A COMPLETE COMPENDIUM OF REAL ESTATE LAW, EMBRAGING: ALL GUR-
RENT GASE LAW, GAREFULLY SELECTED, THOROUGHLY ANNOTATED

AND AGGURATELY EPITOMIZED; GOMPARATIVE STATUTORY
GONSTRUCTION OF THE LAWS OF THE SEVERAL STATES;

AND EXHAUSTIVE TREATISES UPON THE MOST
IMPORTANT BRANCHES OF THE LAW
OF REAL PROPERTY.

EDITED BY

TILGHMAN E. BALLARD,
EMERSON E. BALLARD

AUTHORS OF

"Ballards' Real Estate Statutes of Indiana," "Ballards' Real Estate Statutes of Ken tucky," "Ballard's Ohio Law of Real Property," and Editors, with Mr. Thornton, of "Thornton & Ballards' Annotated Indiana Practice Code."

VOL. 5.

LOGANSPORT, IND.

THE BALLARD PUBLISHING CO.

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PREFACE.

1

In the preparation of this, the fifth volume of our serial on the Law of Real Property, there has been no material variation from the general plan and theory of the preceding vol. umes, of the merit of which none could desire stronger evidence than the generous patronage and praise given them by those best competent to judge. In our editorial work upon the nearly four thousand new cases found in this volume, touching almost that many distinct points of real estate law, we have kept constantly before us our one single purpose to help the busy lawyer in his daily search through the innumerable judicial precedents now almost overwhelming him. We realize that it is not so difficult to find a case, as it is to find the best case upon a given point, and while we have not assumed to discard any case as worthless, we have endeavored by careful study of the cases to clearly state the exact principle decided by each and by our language, classification and space occupied to indicate as far as possible their relative strength and value as authority. To add to the convenience of those using the books, beginning with this volume, we have placed in a separate volume an accurate and minute index to the entire series, under one alphabetical arrangement. To find any point in any volume of the entire series it is only necssary to consult this one index which is the product of years of patient study of the art of indexing, and is so constructed that the searcher can find what he wants. The main heads appear prominently in black face type. The logical sub-heads are printed in italics, and all sub-heads are alphabetically arranged, the most important "catch words" being placed first. THE EDITORS.

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Priewe v. Wisconsin State Land & Improvement Co., 93 Wis. 534... 658

Stewart v. Great Northern Ry. Co., 65 Minn. 515..

192

Upington v. Corrigan, 151 N. Y. 143...............

231

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