Roller v. Effinger's Ex'or

Citations

• 88 Va. 641
• 14 S.E. 337
• 1892 Va. LEXIS 15

Syllabus

<p>1. Vendor, and Vexdee — Eviction—Measure of damages. — Upon eviction, purchaser is only entitled to the price paid, with interest from date of eviction and costs.</p> <p>2. Idem — Purchase of belter title — Disavowal.—If vendee buys up a better title than that of vendor, and latter was guilty of no fraud, he can only be compelled to refund the amount paid for better title. Vendee cannot disavow vendor’s title.</p> <p>3. Idem— Perfecting title — Be-imbursement.—Vendee entering before a conveyance is perfected, is affected with an equity in favor of vendor; and if he purchases an adverse title, he cannot set it up against his vendor, who is entitled to have it upon re-imbursing purchaser.</p> <p>4. Idem — Case at bar. — R., with knowledge of outstanding claims, buys real estate upon contract for conveyance with special warranty of title, assuming to pay a vendor’s lien thereon. Afterwards, at a sale under a decree for division among the heirs-at-law, in order to perfect his title, he purchases said outstanding claims;</p> <p>Held :</p> <p>He is entitled to deduct from the price agreed, the amount he actually paid at the judicial sale, and no more.</p>