Ellis v. John Crossley & Sons, Ltd.

Citations

• 119 F. 779
• 1903 U.S. App. LEXIS 5434

Syllabus

<p>1. Vendor and Purchaser—Failure oe Title—Limited Warranty under Louisiana Statute.</p> <p>Under Code La. art. 2505, which provides that a vendor of lands, even in case of stipulation of no warranty, is liable to a restitution of the price in case of the purchaser’s eviction, “unless the buyer was aware, at the time of the sale, of the danger of eviction, and purchased at his peril and risk,” as construed by the courts of the state, a purchaser of a large quantity of land, who has full knowledge of defects in the title to a portion of it, and accepts a deed to such portion with a restricted warranty, must be held to have “purchased at his peril and risk” as regards that portion, and cannot recover from the vendor for his eviction therefrom.</p> <p>2. Same—Grounds eor Recovery.</p> <p>A purchaser of land cannot recover the purchase money paid in an action at law against his vendor, on the theory of an eviction merely, when he subsequently secured the issuance of a patent for the land from the United States which inured to his benefit.</p> <p>8. Same.</p> <p>The mere fact that a commissioner of the general land office had the word “Canceled” written across the record of a patent, 55 years after its issuance, does not constitute an eviction of the person holding title and possession under such patent, so as to entitle him to recover from his vendor for a failure of title.</p>