Let the purchaser take heed; that is, let him see
to it, that the title he is buying is good. This is a rule of the common
law, applicable to the sale and purchase of lands and other real estate.
If the purchaser pay the consideration money, he cannot, as a general rule,
recover it back after the deed has been executed; except in cases of fraud,
or by force of some covenant in the deed which has been broken. The purchaser,if
he fears a defect of title, has it in his power to protect himself by proper
covenants, and if he fails to do so, the law provides for him no remedy.
Cro. Jac. 197; 1 Salk. 211 Doug. 630, 654; 1 Serg. & R. 52, 53 , 445. This
rule is discussed with ability in Rawle on Covenants for Title, p. 458,
et seq. c. 13, and the leading authorities collected. See also 2 Kent, Com.
Lect. 39, p. 478; 2 Bl. Com. 451; 1 Stor , Eq. 212 6 Ves. 678; 10 Ves. 505;
3 Cranch, 270; 2 Day, R. 128; Sugd. Vend. 221 1 Bouv. Inst. n. 954-5.
2. This rule has been severely assailed, as being the instrument of falsehood
and fraud; but it is too well established to be disregarded. Coop., Just.
611, n. See 8 Watts, 308, 309.
Source: Bouviers Law Dictionary 1856 Edition
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