Purchaser's Rights Under Undisclosed Encumbrance

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Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale.

Code 1858, § 3315; Shan. § 5064; Code 1932, § 9219; T.C.A. (orig. ed.), § 23-2143.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 82.

Collateral References. 59 Am. Jur. 2d Partition § 128.

68 C.J.S. Partition §§ 201-212.

Caveat emptor, doctrine of, as applied to purchaser on partition sale. 68 A.L.R. 668.

Champerty rule as applicable to partition sale or to conveyance by person claiming under such sale. 71 A.L.R. 596.

Grounds, other than defects as to title of land, resale, or irregularity in sale, for relief of successful bidder from obligation to comply with bid. 63 A.L.R. 974.

Purchaser at partition sale, rights and remedies of, where sale is void or is set aside because proceedings are imperfect or irregular, or where description of property is defective. 142 A.L.R. 310.


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