Held that a clause of warrandice in the usual terms did not give a purchaser who had bought an estate on the understanding that it was held of the Crown, and was therefore not open to a claim of composition upon entry, recourse against the sellers for the amount of the composition paid by him to a mid-superior of whom the lands turned out to be held.
Held that in the circumstances above stated, the titles of the estate having been produced, and the agent for the sellers not being bound to make any mention that a claim for composition, believed by him to be unfounded, had been made, there was no ground for an action to recover the amount of the composition paid in respect of fraud or concealment.
Judges:
Lord Chancellor Selborne, Lord Hatherley, Lord Blackburn, and Lord Watson
Citations:
[1880] UKHL 805, 17 SLR 805
Links:
Jurisdiction:
Scotland
Land
Updated: 14 June 2022; Ref: scu.635633