37.  When  the  purchaser  of  an  immoveable  stipulated  that  he  would  pay
part  of  the  purchase  money  to  a  third  party  and  such  third  party  sues  him  for  it,
it  is  a  good  defence  to  plead  that  he  has  good  reason  to  fear  trouble  m  hb  pos-
session of  the  property  by  reason  of  a  hypothecary  claim  against  it,  if  he  tender
an  amount  equal  to  the  interest  during  the  time  of  his  enjoyment  of  the  property.
— ToBRANOB,  J. — Rli^ume  vs  Bouchard^  4  L.  N.,  p.  55,

38.  The  purchaser  of  real  estate  who  is  neither  evicted  nor  disturbed  in  his
possession,  has  no  right  to  obtain  the  resiliation  of  the  sale  by  reason  of  certain
undischarged  hypothecs  registered  against  the  property,  although  far  exceeding
the  whole  amount  of  the  capital  of  the  purchase,  and  which  were  not  declared  to
him  in  the  deed,  unless  the  vendor  sold  to  him  with  astipulation  oi franc  ei  quiite*
_Q.  B.^Grand  Trunk  Ry.  Co.  &  Brewster,  6  L.  N.,  p.  34.
39.  On  a  sale  of  timber  limits  held  under  license  pursuant  to  C.  S.  C,  cap.
23,  a  clause  of  simple  warranty  (garantie  de  tous  troubles  g^iraltmeni  quel-
eonques),  does  not  operate  to  protect  the  purchaser  against  eviction  by  a  person

claiming  to  be  entitled  under  a  prior  license  to  a  portion  of  the  limits  sold

Pjiivt  Counoil. — Ducondu  S  Dupuy,  9  App.  Cas.,  p.  150,  7  L.  N.,  p.  46,  R.  A.  C,
p.  934^— SuPEBMB  Court.— 6  S.  C.  R.,  p.  425,  5  L.  N.,  p.72.— Q.  B 3  L.  N.,  p.  350.
