Evans v. Dendy

Citations

• 29 S.C.L. 9

Syllabus

<p>1. A purchaser of land sold under an order of the Ordinary for partition, paid the money, and received a deed containing no warranty. The land was recovered from the purchaser by title paramount, the money still remaining in the hands of the Ordinary undistributed. In assumpsit brought by the purchaser, to recover it back from the Ordinary, it was held that the action could not be maintained against the distributees, founded on an implied warranty in the sale by the Ordinary, nor against him as their agent.</p> <p>2. There is.no implied warranty in a sale of land made by the Ordinary for partition.</p> <p>3. Query. — Had the purchaser been sued for the purchase money, could he have set up the want of title by wáy of defence ? $ f Sttrj</p>