Salmon

delivered the opinion of the Court. The defendants were the heirs of James Scott; and in making the contract which has given rise to this suit, one Fisher was their agent. Fisher, as agent, contracted with the plaintiff to sell the lots in question, “by the same title by which James Scott held them at the time of his death.” This language is so specific as to have put the plaintiff on his guard; and is just as forcible as the legal maxim of caveat emptor. This renders it unnecessary to inquire into the title which was acquired by James Scott, in his life time. It is sufficient that the fact is found by the Court below, that the conveyance of such title placed the plaintiff into the actual possession of the premises.

The question raised, that the contract was made by the plaintiff as agent of Mary Catharine, or of other associates, amounts to nothing; because it is alleged in the complaint, and admitted by the answer, that as far as Mary Catharine is concerned, her name was only used for some purpose which may have been pro *142 per and legitimate, and that the party really interested, is the plaintiff. As far as regards any associates in the purchase, which he may have had, the…