Mylin v. Ransley

Citations

• 73 Pa. Super. 554
• 1920 Pa. Super. LEXIS 65

Syllabus

<p>Sheriff’s sale — Sheriff’s deed — Acknowledgment — Delivery to prothonotary.</p> <p>When, in pursuance of a sheriff’s sale, the sheriff executed a deed and acknowledged the same before the prothonotary, and the prothonotary after holding the deed for two years returned it to the sheriff who properly recorded the same, the latter has done all that is required of him by law and will not be liable to the purchaser, who has rescinded the sale and demanded a repayment of the purchase money.</p> <p>Under the provisions of the Act of April 22, 1905, P. L.. 265, it is the duty of the prothonotary to deliver the deed to the sheriff after the final disposition of any motions or exceptions which might be made to its confirmation. It is not the latter’s duty to inquire whether there is any such motion pending or exception filed. When the record is in proper form, the prothonotary must act, and the sheriff cannot be held liable for the delay of the prothonotary. Nothing more could be required of the sheriff, in the first instance, than the acknowledgment of the deed and the delivery to the prothonotary. Having done what the law required of him, he is not responsible to the plaintiff.</p>