Mack v. Schuylkill Trust Co.

Citations

• 33 Pa. Super. 128
• 1907 Pa. Super. LEXIS 256

Syllabus

<p>Appeals — Certiorari—Statutory proceedings — Act of April 1, 1863, P. L. 188 — Recording of deeds.</p> <p>A proceeding under the Act of April 1, 1863, P. L. 188, to compel the recording of a deed, may be reviewed as upon certiorari to determine whether the court below has kept within the limits of the powers conferred by the statute, and has exercised them in conformity with law.</p> <p>Conveyancers — Lien upon papers — Deed—Title insurance company.</p> <p>The primary employment of a title insurance company to act as conveyancer and insure the title to land, does not clothe the company with authority to accept a delivery of the deed, or take possession of it after it has been executed by the grantor.</p> <p>Where a title insurance company, after having performed its duties as a conveyancer and title insurer, as such, further assumes the duty specifically intrusted to it of accepting a deed, and delivering the consideration therefor, and placing the deed on record, it cannot retain possession of the deed and refuse to place it upon record until its bill as a conveyancer and title insurer has been paid.</p>