People ex rel. Austin v. Curtis

The return shows, and the case made

by relator is to the same effect, that the respondent did not receive the paper officially, but as a private person to hold it in escroiv. Delivery and record having been forbidden by the grantor, respondent cannot be compelled to decide upon the rights of grantor and grantee, and any controversy between them must be settled in a proper suit in which he would have no personal concern. He *724never had possession of the document in his official capacity, and has no official duty to perform concerning it. The grantor had no notice of this motion, and no-, relief…