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Lands which were sold with warrandice from fact and deed allenarly, being evicted, but not through default of the disponer, the purchaser brought an action, not upon the warrandice, which was not incurred, but upon this ground of equity, That, if he has lost the land, he ought at least to have repetition of the price. It was answered, That when one sells with warrandice from fact and deed, the intention is not to sell the subject absolutely, which would be the same as selling it with absolute warrandice, but only to sell it so as the seller himself has it, that is, to sell what title and interes the has in the subject, the purchaser taking upon himself all other hazards; and therefore if eviction happen otherwise than through the fact and deed of the disponer, he bears the loss. The Lords assoilzied. See Appendix.
