Cautionry

In Scotch law

Suretyship.

The obligation of suretyship. CAVEAT (Lat. let him beware). In Practice. 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 to probate of wills, the granting letters of administration, etc.

1 Bouv. Inst. 71, 534; 3 Bl. Comm. 246; 2 Chit. Prac. 502, note b; 3 Bin (Pa.) 314; 3 Halst. (N. J.) 139.

It is also used to prevent the issuance of a patent for lands.

See 9 Grat. (Va.) 508.

In Patent Law. A legal notice not to issue a patent of a particular description to any other person without allowing caveator an opportunity to establish his priority of invention. It is filed in the patent office under statutory regulations. This 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.

Rev. St. U. S. § 4902.

CAVEAT EIVIPTOR (Lat. let the buyer beware). A maxim employed in the law to signify that a purchaser, whether of realty or personalty, is not only bound to discover obvious defects for himself, but is confined to the warranties which he has required, and cannot, in the absence of fraud, rely on the statements of the seller. Benj. Sales, 611; As an exception to the rule, there is, however, an implied warranty of title.

88 Ga. 629.

CAVEAT EMPTOR; QUI IGNORARE non debuit quod jus alienum emit. Let a purchaser beware; who ought not to be igno-, rant that he is purchasing the rights of another.

Hob. 99; Broom, Leg. Max. (3d London Ed.) 690; Co. Litt. 102a; 3 Taunt. 439; 1 Bouv. Inst. 383; Sugd. Vend. (13th Ed.) 272 et seq.; 1 Story, Eq. Jur. (6th Ed.) c. 6.