ON REAL PROPERTY. SELECTED AND ARRANGED FOR USE IN CONNECTION WITH THE BY CHRISTOPHER G. TIEDEMAN, LL.D., Author of Treatises on Real Property, Commercial Paper, Limitations ST. LOUIS, MO.: THE F. H. THOMAS LAW BOOK CO. 1897. LELAND STANFORD D JUNIOR LIPHARY UNIVERSITY. Entered according to Act of Congress, in the year 1897, by CHRISTOPHER G. TIEDEMAN, In the Office of the Librarian of Congress, at Washington. Press of Nizon-Jones Printing Co., 215 Pine Street, St. Louis, Mo. PREFACE. For the past five years there has been a very energetic discussion among the legal educators of the country, in which the American Bar Association have taken an active part in their successive annual meetings, as to the merits of rival methods of legal education. A careful analysis of these discussions seems to me to reveal most clearly that in the future the method of instruction, that will prevail in the great majority of the law schools of the country, will be based upon the twin principles of exposition and illustration: Exposition, by means of the formal lecture or by recitation based upon the previous study of the text-book; and illustration, by the use of selected cases, which will illustrate the application of the principle in actual litigation. It is undoubtedly true that the need of illustration has been always felt by the teachers of law, as long as law schools have been in existence; and until recently, they have attempted to supply this want by referring the student to particular cases, to be found in the official or other published reports, and by the establishment of moot courts. The moot courts have proven unsuccessful everywhere; and in most law schools they have been abandoned. The professorial reference to cases has not proven altogether successful, either because the student would not take the trouble to read the cases; or because there were not enough copies of the report in the law school library, to enable all the students to read the case referred to. This inefficiency in the older method of instruction, under the influence of Harvard's advocacy of the pure case method of instruction, has led to the publication of a number of selections of cases, to be used in connection with text-book and lecture. My efforts in the production of legal treatises, adapted for use in law schools as text-books, have met with such great favor, that one or more of them are now in use in thirty-six law schools. From many of the professors, who use my text-books, have come the request that I publish a volume of selected cases, adapted for use in connection with my text-books. Believing as I do that this will be the ultimately established method of instruction in law schools, I have begun the preparation of these (iii) |