BUYING TITLES. The purchase 'of the rights of a disseisee to lands of which a third person 'has the possession.
When a deed is made by one who, though having a legal right to land, is at the 'time of the conveyance disseised, as a rule of the common law, the sale is void: the law will not permit any person to sell a quarrel, or, as it is commonly termed, a pre tended title. Such a, conveyance is an of fence at common law and by a statute of Hen. VIII. This rule has been generally adopted in the United States, and is affirmed by express statute in some of the states. 2 Washburn, Real Prop. In the following states the act is unlawful, and the parties are subject to various penalties in the dif ferent states: in Connecticut, 4 Conn. 575; Indiana, 1 Ind. 127 ; 8 Blackf. Ind. 366; Ken tucky, 1 Dan. Ky. 566; 2 id. 374; see 2 Litt. Ky. 225, 393 ; 4 Bibb, Ky. 424; Maine, 1 Me. 238 ; 29 id. 128 ; Massachusetts, Pick. Mass 356; 6 Mete. Mass. 407 ; Michigan, 1 Dougl.
Mich. 546; New Hampshire, 12 N. H. 291; New York, 24 Wend. N. Y. 87 • see 4 Wend. N. Y. 474 ; 7 id. 53,152. 8 id.629 ; llid.442; North Carolina, 1 Murph, No. C. 114; 4 Dev. No. C. 495; Ohio, Walker, Am. Law, 297, 351; South Carolina; Vermont, 6 Vt. 198.
In Illinois, Ill. Rev. Laws, 130 ; Missouri, Rev. Stat. 119; Pennsylvania, 2 Watts, Penn. 272, such sales are valid.
Bidding with the con nivance or at the request of the vendor of goods by auction, without an intent to put. chase, for the purpose of obtaining a higher price than would otherwise be obtained.
By-bidders are also called puffers, which see. The practice is. probably allowable if it, be done fairly, with an intention only to prevent a sale at an unduly low. price. 6 R. Monr. Ky. 630; 11 Paige, Ch. N. Y. 439; 3 Story, C. C. 622; 15 Mees, & W. Exch. 371; 1 Parsons, Contr. 418. See Bib; AUCTION.