Clark v. McElvy

Citations

• 11 Cal. 154

Syllabus

<p>A bill of sale for a mining claim, not under seal, and without warranty, which only purports to convey to the vendee the right, title and interest of the vendor, will not pass the title, although the vendor is in possession at the time, if such possession is with out title. Such a bill only passes an equity, which is subject to the legal title or any superior equity. In such a case, the purchaser takes the risk of any infirmities or defects of title which may exist. The doctrine of caveat emptor applies to all such cases.</p>