The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-03-16

ON the place, or there is but little of il,
and the buyer trusts to what he says, or
makes an examination In the winter when
the grass cannot be seen, and this should
turn out to be false TO an extent that
would materially impair the value of the
place, it would be a fraud and good
ground to rescind the sale.
So if the seller says his land Is above
overflow and the contrary is the truth,
and the buyer knew no better, this would
be good ground to annul the sale.
So if the seller point out good land of
sufficient quantity to constitute a materi-
al inducement in the sale, as belonging to
the tract, and the seller trusts to this,
and on survey the land does not belong
to the tract, this viii be good ground for
a RECESSION.
And so when timber is scarce and an
object, and the seller point out timbered
land as belonging to the tract, Of 'sufh-
Gent quantity TO make It an object in the
trade, and 1t turn out that it does not,
and there is not enough timbered land on
the place to keep it up, that would be
good ground to rescind.
Also, if-as in the Yazoo swamp
cleared land was the great object, and the
seller point out piece of cleared land of
sffcient quantity to affect materially the
value of the place, as belonging. to it and
it turn out different, the trade would be
annulled.
But it must be noted that the buyer
should not be asleep when he trades
If he has an opportunity to examine he
must examine for himself. And when
he has a fair chance to examine, all state
ments of the seller, which are mere
matters of opinion, will go for nsught.
As if the seller say, ''this is rich land"
and the buyer examines it for himself
and it is poor, this viii be no ground to
rescind. So any opinion that the seller
may state as to its future value is not
binding as if he says, Glands are low
now, but in a few years when the taxes
are reduced, and the government gets
into the hands of the bona fde people of
this State, then lands will be so and So"
This would be but an opinion, of which
the other party would be as = good a
judge as the seller. Mere matters of
opinion as before stated are not binding,
but statements as to facts are Thus
if the seller say the land will produce
OAAO VI NOIJOA w bA1C t1CIC NlIuOul
ing, and the land be poor and not capable
of making more than half that amount,
it is opinion only, and not binding. But
if the quality of the land be not clear
upon inspection, as is the case with some,
and the seller should say, "this land
made bale of cotton to the acre last
year, and this be false, the land being
too poor to make more than half that
amount, this would avoid the trade.
On the whole, my advice is, that the
seller be careful to show his land fairly,
and to make no false statements about it
in any way whatever and for the buyer
to remember that all men are not honest,
and to make, in all cases, a full and
complete examination for himself.
1t may be as well to add, that no war
ranty of title is implied in the sale of
land whatever warranty there is must
be stated in the deed. A general cove
nant to warrant the title against the
claims of all persons is generally sufficient.
This covenant runs-as it is said-with
the land: that is, if A sells and warrants
to b, and b sells and warrants to G, G
may on losing the land sue A on his
warranty to B.