Vendor of land bound to give the usual covenants for title.

(b) See Worley v. Frampton, 5 Hare, 560; Sug. V. & P. 69, 575; 1 Dart, V. & P. 550, 5th ed.; 622, 6th ed.; 573, 7th ed.; Wms. Real Prop. 449, 13th ed.; Davidson, Prec. Conv. vol. ii.

Pt. i. 191, 261, n. (n), 296, n., 4th ed.; above, p. 76.

(c) See Sug. V. & P. 574: Davidson, Prec. Conv. 192, 261, n. (o), 4th ed.; 1 Dart, V. & P. 545, 5th ed.; 616, 617, 6th ed.; 568, 569, 7th ed.

No warranty of title now implied., as a rule, by the conveyance of Land.

Browning v. Wright, 2 B. & P. 13, 22; church v. Brown, 15 Ves. 258, 263; Blakesley v. Whieldon, 1 Hare, 176, 181; Bug. V. & P. 574: 1 Dart, V. & P. 544, 545, 549, 5th ed; 615 - 617, 621, 6th ed.; 507- 569, 572. 7th ed,; Davidson, Prec. Conv, vol. i. 118. 203, n. (b); vol. ii. pt. i. 191, 205, 214, 216, 4th, ed; Wms. Real Prop. 448, 13th ed.; 607, 2lat ed.

(e) Above, p 41.

(/) See note (d), above. For this reason, if the conveyance as prepared on the purchaser's behalf purport to assure the land to be held by him " free from incumbrances," the vendor should strike out these words, as they might import an unrestricted warranty at common law that the lands were free from inoumbranees: see Expte. Stanford, 17 Q. B. D. 259, 271.

(g) E.g., no such warranty of title as is implied by the modern law on the sale of goods: see Benjamin on Sales. 511 - 523, 2nd ed.: Wms. Pers. Prop. 547, I6th ed.

(h) Clare v. Lamb, L. R. 10 C. P. 334.

(i) Co. Litt. 384a and note (1); stat. 8 & 9 Vict. c. 100, s. 4; Clare v Lamb, ubi sup.; Debenham v. Sawbridge, 1901, 2 Ch. 98, 100.

See Wms. Real Prop. 611, 612, 21s1 ed.; Budd-Scott v. Daniell, 1902, 2 K. B. 351: Jones v. Lavigton, 1903, 1 K. B. 253: Markham v. Paget, 1908, 1 Oh. 697.

Bee Wms. Real Prop. 610, 21st ed. title (m); and if one agree to buy land and be let into possession on payment of the purchase money and the vendor's title prove defective before the execution of a conveyance, the purchaser can recover the price paid as upon a total failure of consideration, for the contract was not then completed (n). And this appears to be the case, notwithstanding that the title had been accepted (o); unless the purchaser had expressly agreed to accept such a title as exposed him to the risk attendant on the defect and the title contracted for had been duly shown to him (p). If, moreover, one induce another to buy land by untruthfully representing himself to be the freeholder in fee or absolute owner thereof, the purchaser will be entitled to relief on the ground of the misrepresentation and according as it were innocent (q) or fraudulent (r); the difference being that either an innocent or a fraudulent misrepresentation of this kind will be a good ground for rescinding or avoiding the specific performance of the contract while it remains uncompleted, but only a fraudulent misrepresentation will give rise to an action of deceit, or to a claim to set aside the conveyance after completion.

False representation by vendor that he is the owner of the land sold.

If the vendor sold as a trustee, he cannot be required to give the usual vendor's covenants for title, but can only be called upon to covenant that he has done no Sale by-trustee as such.

(m) Above, pp. 32, 94 sq.

(a) Johnson v. Johnson, 3 B. & P. 162.

(o) See S. C; Re Haedicke and Lipski's Contract, 1901, 2 Ch. 666; and above, pp. 179 - 181.

(p) See above, pp. 202 - 207.

(q) Bree v. Holbech, 2 Douug. 654; Wilde v. Gibson, 1 H. L. C. 605, 633; Selborne, C, Brownlie v. Campbell, 5 App. Cas. 925, 935-938; Joliffe v. Baker, 11 Q. B. D. 255; Derry v. Peek, 14 App. Cas. 337; Onward Building Society v. Smithson, 1893, 1 Ch. 1, 12; Debenham v. Sawbridge, 1901, 2 Ch. 98; see also Rudd v. Loseelles, 1900, 1 Ch. 815, 818; below, Chap. XIV. Sec. 1; XIX. Sec.5.

(r) Edwards v. M'Leay, G. Coop. 308, 2 Swanst. 287; Hart v. Swaine, 7 Ch. D. 42. as to which see Brownlie v. Campbell and Joliffe v. Baker, ubi sup.; Derry v. Peek, 14 App. Cas. 337, 365, 366, 371 - 374; below. Chap. XIV. Sec. 1; XIX. Sec. 5.

By mortgagee as such.

By cestui-que -trust or mortgagor.

By trustee in bankruptcy.

(s) Above, p. 662, n. (b). (t)Above, p. 652.

(u) Davidson, Prec, Conv. vol. ii. pt. i 296, D., 4th ed.

(x) Davidson, Prec Conv. vol. ii. pt. i 261, n.. 293, n. (c), 4th ed,; 1 Key & Elph. Prec.

Conv. 186, 4th ed.: 483, 8th ed. (y) Stat. 46 &. 47 Vict. e. 52, s. 56.

(z)Sug. V. & P. 575; 1 Dart, V. & P. 552, 5th ed.: 624, 6th ed. . 575, 7th ed. . Davidson, Prec. Conv, vol, ii. pt. i. 618

Sale under power.

And n., 4th ed.; 1 Key & Elph. Prec. Conv. 533 and n., 4th ed.; 526 and n., 8th ed.

(n) Above, pp. 300 sq.

(b) Re London Bridge Acts, 13 Sim. 176, 179; Poulett v. Hood, L. R. 5 Eq. 115; Re Sawyer and Baring's Contract, 53 L. J. Ch. 1104; Sug. V. &P. 575.

(c) Above, pp. 652, 653.

(d) 1 Dart, V. & P. 548, 5th ed.; 619, 620, 6th ed.; 571. 7th ed.; Davidson, Prec. Conv. vol. ii. pt. i. 261, n. (o), 262, 4th ed.; 1 Key & Elph. Prec. Conv. 453, n., 4th ed.; 449, n.. 8th ed.

(e) Above, pp. 165, 282,300 sq. (f) Above, p. 655.

Sale by order of the Court.

The present practice is to incorporate the requisite covenants for title or covenant against incumbrances (n) in conveyances on sale by using the expressions which cause such covenants to be " deemed to be included and to be implied " therein by virtue of the Conveyancing

The statutory covenants for title.

(g) Above, p. 288. (h) See Cottrellv. Cottrell, L. R. 2 Eq. 880; above, p. 656; and next note.

Sug. V. & P. 574; 1 Dart, V . & P. 645, 546, 5th ed.: 617, 6th ed.; 668, 669, 7th ed.; Davidson, Prec. Conv. vol. ii. pt i. 275, n.. 4th ed.; Wms. Real Prop. 149, 13th ed.; 21st ed.

(k)1 Davidson, Prec. Conv. 613, 4th ed.; 1 Key & Elph.

Prec. Conv. 264, n., 4th ed. . 252, n . 8th ed.; above, p. 76.