PREFACE. In writing a treatise on any branch of the Law, the author has to elect between two courses of proceeding. The first of these two courses, is to state a series of propositions founded on authorities, and to give references to the authorities, without in general setting forth the material facts or peculiarities of the cases referred to. The second course of proceeding, is to select from a number of cases, those which lay down, or lead to, some distinct rules or principles; to state the material facts of the most important of such cases, and to quote the important parts of the judgments delivered. The first course appears almost unavoidable, where the subject is vast; as for instance, in the case of such subjects as the 'Law of Trusts,' or of 'Partnership,' or of Executors.' A treatise on such extensive subjects, would, if the facts of decided cases were at all fully set forth, be unavoidably of such large dimensions, as to involve an expense, probably, or, at least possibly, fatal to the circulation of the work. The second course does not lead to the same difficulty with respect to a work, treating of a subject, of itself contracted within such moderate limits, as to the number of authorities, as to enable the writer to state the facts of decided cases, and the important phrases |