An agent for
the purcliafer
may be fued
(before delivery
to his
, conftituent,)
and fo alfo an
agent for the
feller, or an
executor•
T h e Shafee,
after gaining
bis fuit, has
an option of
infpecliont and
alfo an
in this cafe to hear the evidence until the purchafer alfo appear, as for
his prelence there is a twofold reafon; for f ir st , the purchafer
is proprietor of the ground, and the feller the poffeffor; and as the
'decree o f the Kdzee muft be againft both, both therefore muft be present.
(It is otherwife Where the purchafer has obtained pofleffion;
-for then there can be no occafion for the prefence of the féller, as he
has become like a ftranger, having neither the property nor the pof-
feffion.) Secondly, the fale or bargain which had been concluded
in favour of the purchafer is to bediffolved by decree; and it is therefore
requifite that he be prefent, in order that the Kdzee may decree
th e diflolution againft him.
If an agent on béhalf of another purchafe ground, the Shafee muft
fue the agent. If, however, the agent have delivered over the ground
to his conftituent, the Shafee muft not inftitute his fuit againft the
agent, (as he is neither the proprietor nor the poffeflbr,) but againft
his conftituent; for the agent then ftands as the feller, and his constituent
as the purchafer; and when (as has been already explained)
the feller delivers up the ground tó the purchafer, the S h a fe e 'fuit is
againft the latter.
If the agent of a perfon who is abfent fell ground on account
of his conftituent, the Shafee may claim his right and obtain the
ground from the agent, provided it be in his pofleffion. The
fame rule alfo holds in the cafe of an executor authorized to fell
lands.
If the Kdzee decree in favour of the S h fee, at a time when he
has not yet feen the property in difpute, he [the Shafee~\ has an option
of infpefiion; and if any defebt be afterwards difeovered in it, he has
an option from defedt *, and may, if he pleafe, rejedt it, notwith-
* Option o f infpefiion and option from defed are fully explained under the head o f S a l e .
See V o l. I I , p. 396, and 406, {landing
ftanding the purchafer fhould have excepted fuch defedl from the
bargain, or, in other words, fhould have exempted the feller from
refponfibility for fuch defedl; becaufe, as the transfer of property by
right of Shajfa is the fame as a transfer of property by fale, the Shafee
has therefore, under both the above circumftances, 'the power of re-
jedlion, in the fame manner as any other purchafer; and this power
in the Shafee is not deftroyed by the purchafer having feen the property,
or having fo exempted the feller; for he [the purchafer] was
not deputed by the Shafee, and his adt, of courfe, does not affeft the
Shcfee % power of rejedtion.
S E C T I O N .
O f Difpuies relative to the Price.
I f the purchafer and Shcfee differ regarding the price, the former
alledging one hundred, for inftance, and the latter only eighty, and
neither of them be able to bring any evidence, the aflertion of the
purchafer muft be credited in preference to that o f the Shafee; becaufe
here the Shafee alleges a right in the purchafer’s property for a fum
Jhort of one hundred, which the purchafer denies; and, according to
the l aw , the declaration of a defendant, upon oath, muft be credited
:— neither is the oath of both parties * required in this cafe; for
the Shafee is plaintiff againft the purchafer, but the purchafer is not
plaintiff againft the Shafee, he being at liberty either to claim or refign
the thing in queftion; and it is a rule that both parties cannot be
option from
defe&o
In dilputes
concerning
the price, the
aflertion of
the purchafer,
upon oath,
mult be credited
;
* Arab. Tahdllf,— F o r a full explanation o f this term fee p. 83 o f this V o l,
V o l . III. 4 E called