A person who loses by eviction the thing received in exchange may choose between recovering the one which he gave in exchange or demanding an indemnity for losses and damages; but he can only make use of the right to recover the thing which he delivered while said thing remains in the possession of the other party, and, without prejudice to the rights acquired thereto, in good faith in the meantime, by a third person.
History —Civil Code, 1930, § 1430.