1. Suppose Nicholson, the original vendor, had kept the land, then upon the facts agreed, Kimball,, the vendor, would have had a clear equity to rescind the-contract of sale, on the ground of a defect in the title, to a substantial part of the thing sold. A purchaser is entitled to all that he bargains for, and is under no obligation to accept a part, with warranty as to the other, or to accept compensation, unless indeed the part, as to which a good title cannot be made, does not materially affect the value, and it can be seen that the objection is not taken upon the merits, but as a pretext to get rid of the bargain.
2. As Nicholson endorsed the notes in blank to Bullock,, before maturity, there is a presumption that he purchased: without notice; but this presumption may be rebutted by *178proof of any fact that should put a man of ordinary prudence upon inquiry. We think the fact of the notes not being in the usual form of promises to pay money u for value received,’" but expressing on the face that they were given for the purchase money of the Bocky Swamp tract of land, was ■sufficient to put Bullock on inquiry, and to fix him with notice, that the notes could not be collected, unless a good title be made to Kimball. Cox v. Jerman, 6 Ire. Eq. 526. In this way significance is given to the words referred to, otherwise they must be treated as idle and superfluous.
It is said notice that the notes were given as the consideration of the Bocky Swamp tract of land does not amount to notice of a defect in the vendor’s title. That may be so, but it does amount to notice of the vendee’s equity, provided it turns out that the title is defective.
■ If a vendee executes a plain note of hand, this equity may be defeated by a transfer of the note, before it is due, but when he takes the precaution to set the fact' out in the face of the note, unless it has the effect of notice, the vendor may in every instance defeat the equity of the vendee by making haste to dispose of the note, and thus the vendee will be deprived of an equity without default on his part.
The fact that Bullock took a deed for the land from Nicholson in trust to convey to Kimball on payment of the purchase money, substituted Bullock in the place of Nicholson, and put him in the relation of vendor in respect to Kimball. He was to receive the whole of the purchase money and to make title, according to the original contract .of sale.
3. Such being the equity of the defendant as against Nicholson and Bullock, it is so beyond all question in regard do the plaintiff, for he had positive notice of the defect in the title before he purchased the notes, and he also took a deed for the land in trust to make title on payment of the pur*179chase money, and took upon himself the relation of vendor towards the defendant.
We concur with his Honor, that the plaintiff was not entitled to judgment, but the judgment rendered for the defendant is erroneous in this: it discharges the defendant irom the payment of the purchase money, .but leaves the bond for title in his hands, as a cloud over the title of the plaintiff.
The judgment ought to have been, that the contract of sale be rescinded, and the title bond and the notes be cancelled, so as to effect what would have been done in equity under the old mode of procedure.
Such judgment will be entered, and each party will pay his own cost.
Per Curiam. Judgment accordingly.