299. Rights of purchaser taking with notice.

Mining contracts, whether by way of sale or of demise, do not usually import any guarantee of the existence or value of minerals1. If land is sold as containing minerals, and the purchaser enters into the contract with knowledge that the minerals have been partly worked, it is his business to ascertain the extent of the working2. Further, when mines3 are not in the occupation of the vendor, a purchaser of land takes with notice of the rights of those in possession