Cautioner

A surety; a bondsman. One who binds himself in a bond with the principal for greater security. He is still a cautioner, whether the bond be to pay a debt, or whether he undertake to produce the person of the party for whom he is bound. Bell, Diet.

A surety; a bondsman. One who binds himself in a bond with the principal for greater security, lie is still a cautioner whether the bond be to pay a debt or whether he undertake to produce the person of the party for whom he is bound. Bell, Diet. CAVEAT (Lat let him beware). A notice not to do an act, given to some officer, ministerial or judicial, by a party having an interest in the matter. It is a formal caution or warning not to do the act mentioned, and is addressed frequently to prevent the admission of wills to probate, the granting letters of administration, etc. See Wms. Ex. 581. 1 Burn, Eccl. Law lit. 263; Nelson. Abr.; Dane, Abr.; Ayliffe, Porerg.J 3 Bla. 246; 2 Chit Pr. 502, note h; 3 Redf. Wills 119; 4 Brew. Pr. 3974; Poph. 133; 1 Sid. 371; In re Road, 8 N. J. L. 139. See Will. Filing a caveat to the probate of a will does not of itself constitute a 'contest" of a will; In re Mc Cahan's Estate, 221 Pa. 188, 70 Atl. 711. In Patent Law. A legal notice to the patent office that the caveator claims to be the inventor of a particular device, in order to prevent the issue of a patent on it to any other person without notice to the caveator. It gives no advantage to the caveator over any rival claimant, but only secures to bim an opportunity to establish his priority of invention. It is filed in the patent office under statutory regulations; U. S. IL S. § 4902. The principal object of filing it is to obtain for an inventor time to perfect his invention without the risk of having a patent granted to another person for the same thing. The practice was abolished by act of June 10, 1910. It is also used to prevent the issue of land patents: Harper v. Baugh, 9 Qratt iV.i.i 508; and where surveys are returned to the land office, and marked "in dispute." this entry has the effect of a caveat against their acceptance: Hughes v. Stevens, -i:; Pa. 107. CAVEAT EMPTOR (Lat. let the purchaser take care). In every sale of real property, a purchaser's right to relief at law or in equity on account of defects or Incumbrances in or upon the property sold depends solely Butl. note; 3 Swanst. 651; Hodges v. Saunders, 17 Pick. (Mass.) 475; Red wine v. Brown, 10 Ga. 311; Dorsey v. Jackman, 1 S. & R. (Pa.) 52, 7 Am. Dec. 611; unless there be fraud on the part of the vendor; 3 B. & P. 162; Abbott v. Allen, 2 Johns. Ch. (N. Y.) 519, 7 Am. Dec. 554; Miles v. Williamson, 24 Pa. 142; Etheridge v. Vernoy, 70 N. C. 713; Tuck v. Downing, 76 111. 71; Beale v. Seiveley, 8 Leigh (Va.) 658; Sutton v. Sutton, 7 Gratt. (Va.) 238, 56 Am. Dec. 109; Butler v. Miller, 15 B. Monr. (Ky.) 627; Allen v. Hopson, Freem. Ch. (Miss.) 276; Nance v. Elliott, 38 N. C. 40S; Maney v. Porter, 3 Humphr. (Tenn.) 347; Brandt v. Foster, 5 la. 293; Rice v. Burnet, 39 Tex. 177; and consult Rawle, Cov. for Title, 5th ed. § 319. This doctrine applies to a sale made under a decree foreclosing a mortgage, and the purchaser cannot rely upon statements made by the officer conducting the sales; Norton v. Loan & Trust Co., 35 Neb. 466, 53 N. W. 481, 18 L. R. A. 88, 37 Am. St. Rep. 441. In sales of personal property substantially the same rule applies, and is thus stated in Story, Sales, 3d ed. § 348: The purchaser buys at his own risk, unless the seller gives' an express warranty, or unless the law implies a warranty from the circumstances of the case or the nature of the thing sold, or unless the seller be guilty of fraudulent misrepresentation or concealment in respect to a material inducement to the sale; Benj. Sales, § 611; Barnard v. Kellogg, 10 Wall. (U. S.) 383, 19 L. Ed. 987; Gaylord Mfg. Co. v. Allen, 53 N. Y. 515; Porter v. Bright, 82 Pa. 441; Mixer v. Coburn, 11 Mete. (Mass.) 559, 45 Am. Dec. 230; Dean v. Morey, 33 la. 120; Roseman v. Canovan, 43 Cal. 110; Armstrong v. Bufford, 51 Ala. 410; Biggs & Co. v. Perkins, 75 N. C. 397. It is the settled doctrine of English and American law that the purchaser is required to notice such qualities of the goods purchased as are reasonably supposed to be within the reach of his observation and judgment. Under the civil law there was on a sale for a fair price an implied warranty of title and that the goods sold were sound, but under the common law there is a clear distinction between the responsibility of the seller as to title and as to quality; the former he warranted, the latter, if the purchaser had opportunity to examine, he did not; 2 Kent 478; Pothier, Cont. de Vente, No. 184; See Misrepresentation; Concealment; Sales; Warranty. This doctrine does not apply in an action for damages for inducing one by false representations to take an assignment of a lease executed by one who had no title to the land; Cheney v. Powell, 88 Ga. 629, 15 S. E. 750. It was applied where the buyer of cows was a competent judge and had ample time, before buying, for inspection; Dorsey v. Watkins, 151 Fed. 340. Leake, Cont. 198; 1 Story, Equity; Sugden, Vendors & 1'.

In Scotchlaw. A surety; a bondsman. One who binds himself in a bond with the principal for greater security. He is still a cautioner whether the bond be to pay a debt, or whether he undertake to produce the person of the party for whom he is bound. Bell.

In Scotch law. A surety for a debt. I Kames' Equity, pref. Id. 410, 417. Ersk. Inst. b. 3, tit. 7, § 23. A guarantor. Brande,

Scotch law, contracts, one who becomes bound as caution or surety for another for the performance of any obligation, or contract contained in a deed.