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IN FOUR BOOKS:

I. CONSTITUTIONAL AND POLITICAL LAW. II. THE LAW OF
REAL ESTATE. III. OTHER RIGHTS OF PROPERTY.

IV. PERSONS AND THEIR OBLIGATIONS.

WITH AN INTRODUCTION ON THE SOURCES OF
KENTUCKY LAW.

BY

LEWIS N. DEMBITZ,

OF THE LOUISVILLE BAR.

LOUISVILLE:

PUBLISHED BY JOHN P. MORTON & COMPANY.

1890

A 88

LIBRARY

OF THE

LELAND STANFORD JUNIOR UNIVERSITY.

COPYRIGHTED.
JOHN P. MORTON & COMPANY.
1890.

PREFACE.

While this preface is the last written part of this volume, the Prefatory Remarks (pp. 1-4), made Section 1 of the work, were written first. In drawing them up I had a threefold purpose: First, to make known to my publishers the character of the work to be written, and to enable them to judge of the expediency of undertaking the publication; secondly, to send it forth in a prospectus, so that my brother lawyers might judge whether it was worth their while to subscribe to the book; but thirdly and mainly, to lay out before myself a fixed plan to be followed out.

I found the execution of the plan much more difficult than I had anticipated. It was impossible not to state a great many well-known principles of law, recognized in every State of the Union, as a preliminary to a statement of the divergences wrought out in Kentucky by either statute or decision. On the other hand, I could not take up some of the larger subjects, such as trusts, or the construction of grants and devises, although here and there a Kentucky decision might deviate from the general run of American law, but had to confine myself to certain "lines" or "classes of cases," which seemed more than others to deserve a local treatment. It was also difficult where to draw the line to the exclusion of criminal law, of political institutions, and of the details of practice. I thought it best, however, to give the benefit of the doubt to the reader, where it could be done by the addition of a few lines; and I have even added some authorities

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