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A person having purchased a subject from the supposed heir for a small sum, the purchaser taking risk of all debts that might affect the same, and the subject being evicted by a nearer heir, an action was brought by the purchaser against the seller, for repetition of the sum paid. Observed, This was an emptio hæreditates, the effect of which is, that the seller is liable to warrant his right to the subject; and though the buyer was obliged to relieve the seller of all debts of the predecessor, that does not import a discharge of the warrandice hæreditatem subesse, and that the disponer was true heir. The Court therefore found the disponer liable in repetition of the sum paid.
