Legal Definitions - laudere auctorem

Laudere auctorem is a Latin legal phrase that translates to "to call the warrantor" or "to praise the author." It refers to a legal principle where a person who is being sued over the ownership or title of property identifies the person from whom they acquired that property. By doing so, they essentially "call upon" their seller or warrantor to defend the title or to take responsibility for any defects in it. This action can shift the burden of proof or liability to the original seller, as they were the source of the current possessor's claim to ownership. This concept is closely related to nominatio auctoris, which means "naming the warrantor."

Here are some examples to illustrate this concept:

• Example 1: Real Estate Boundary Dispute

  Imagine Sarah purchased a house, and years later, her neighbor, Mark, sues her, claiming that a portion of her backyard, including a mature oak tree, actually belongs to Mark's property based on an old survey. Sarah, in her defense, invokes laudere auctorem by formally identifying and providing details of the previous owner, Mr. Henderson, who sold her the house and the disputed land. Sarah's argument is that she acquired the property from Mr. Henderson with the understanding that the oak tree was within her boundaries. She is essentially calling upon Mr. Henderson to defend the title he conveyed to her, or to be held responsible if the title was indeed flawed. This directs the legal inquiry towards the original seller as the source of the title dispute.

• Example 2: Stolen Personal Property

  David purchases a rare, antique watch from a seemingly reputable vintage goods dealer, "Timeless Treasures." A few months later, the watch is identified by authorities as having been stolen from a private collection years ago. The police seize the watch from David, and he is questioned about its possession. When confronted, David invokes laudere auctorem by immediately providing all documentation and details of his purchase from "Timeless Treasures," including the receipt, the dealer's name, and contact information. By doing this, David is identifying his "warrantor"—the party from whom he acquired the watch—thereby directing the authorities and any potential legal claims towards "Timeless Treasures" as the source of the potentially stolen property, rather than bearing the sole responsibility himself. This shifts the focus to the dealer's responsibility for selling goods with clear title.