GOLDSBOROUGH VS. RINGGOLD. 243

call upon the purchaser to pay a larger sum, upon the ground
that he had got more land than was supposed at the time of the
purchase. Among parties equally innocent there should be a
reciprocity of rights and remedies, and if, therefore, from causes
for which he is in no wise to blame, the purchaser would be
compelled to bear the whole loss, if the entire property should
be taken from him, or a partial loss, if deprived of a part of it,
it is difficult, to discover the principal of equity upon which he
can be held responsible, upon the ground assumed in this pe-
tition.

If the purchaser, by reason of the successful assertion of a
superior outstanding title, should lose a part of the land paid
for, or if, as the case stood at the time this petition was filed,
he would be refused redress, upon the ground of a deficiency
in the numbers of acres, it would seem to follow inevitably that
he should not be obliged under the same circumstances to pay
for an excess.

This principle of mutuality, I think, would be applicable to
the case, if the parties had possessed the same information at
the period of the sale, and surely the purchaser here has a su-
peradded right to ask that it be enforced for his protection,
when it is recollected, that the agent of this court, through
whom the sale was made, was informed of the supposed ex-
cess, on or about the day of sale, and did not impart the infor-
mation to the bidders, or make the fact known to the purchaser
in season, to enable him to avail himself of it at the proper
time; if, indeed, it would at any time have furnished him a
ground of relief.

This circumstance gives stringent force to the principle, in
favor of this purchaser, and would, in my view of it, be con-
clusive against the present application.

Without, therefore, expressing an opinion upon the other
questions discussed at the bar, my judgment is, that the peti-
tion must be dismissed, and shall pass an order accordingly.