BUYING TITLES. The purchase of the rights of a desseisee 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, the sale is void as a general rule of the common law: the law will not permit any person to buy a quarrel, or, as it is commonly termed, a pretended title. Such a conveyance is an offence at common law and by a statute of 32 Hen. VIII. c. 9. This rule has been gen erally adopted in the United States, and is affirmed by statute in some states; 3 Washb. R. P. *596. In the following states the act is unlawful, and the parties are subject to various penalties in the different states: in Connecticut, Hinman v. Hinman, 4 Conn. 575; Georgia, Helms v. May, 29 Ga. 124; In diana, Webb v. Thompson, 23 Ind. 432; Gal breath v. Doe, 8 Blackf. (Ind.) 366; Ken tucky, Wash v. McBrayer, 1 Dana (Ky.) 566; Williams v. Rogers, id. 374; see Young v. Kimberland, 2 Litt. (Ky.) 225; Aldridge v. Kincaid, id. 393; Ewing's Heirs v. Savary, 4 Bibb (Ky.) 424; Massachusetts, Brinley v. Whiting, 5 Pick. (Mass.) 356; Wade v. Lind sey, 6 Mete. (Mass.) 407; Mississippi, Bush v. Cooper, 26 Miss. 599, 59 Am. Dec. 270; New Hampshire, Dame v. Wingate, 12 N. H.
291; New York, Thurman v. Cameron, 24 Wend. (N. Y.) 87; North, Carolina, Den v. Shearer, 5 N. C. 114; Hoyle v. Logan, 15 N. C. 495; Ohio. Walker, Am. Law 297, 351; Vermont, Selleck v. Starr, 6 Vt. 19S; see White v. Fuller, 38 Vt. 204; Park v. Pratt, id. 553.
By the transaction, the grantor does not lose his estate; Brinley v. Whiting, 5 Pick. (Mass.) 348; Sohier v. Coffin, 101 Mass. 179.
In Fetrow v. Merriwether, 53 Ill. 279; Missouri, Rev. Stat. 119 ; Pennsylvaila, Cresson v. Miller, 2 Watts (Pa.) 272; Ohio, Hall's Lessee v. Ashby, 9 Ohio 96, 34 Am. Dec. 424; Wisconsin, Stewart v. McSweeney, 14 Wis. 471; South Carolina; Poyas v. Wil kins, 12 Rich. (S. C.) 420; Maine, Rev. Stat. c. 73, § 1; Michigan, Crane v. Reeder, 21 Mich. 82, 4 Am. Rep, 430; such sales are valid. See CHAMPEBTY.
BY. Near, beside, passing in presence, and it also may be used as exclusive. Rankin v. Woodworth, 3 P. & W. (Pa.) 48.
When used descriptively in a grant it does not mean in immediate contact with, but near to the object to which it relates. It is a relative term, meaning, when used in land patents, very unequal and different distanc es; Wilson v. Inloes, 6 Gill (Md.) 121.