Wheeler v. Real Estate Title Ins. & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 132, July T., 1893, by defendant, from judgment of C. P. No. 1, Phila. Co., on verdict for plaintiff, Susan Farnum Wheeler. Assumpsit on policy of title insurance.
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Appeal, No. 132, July T., 1893, by defendant, from judgment of C. P. No. 1, Phila. Co., on verdict for plaintiff, Susan Farnum Wheeler. Assumpsit on policy of title insurance. Before Brégy, J. The material portion of the policy was as follows : “ This policy of insurance witnesseth that the Real Estate Title Insurance & Trust Company of Philadelphia, in consideration of the sum of six r$y dollars to it paid by Frank A. Mullikin, covenants that it will indemnify, keep harmless, and insure the said Frank A. Mullikin and all persons claiming the estate and property hereinafter mentioned under…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The policy was upon a mortgage, and the covenant in it was *410to indemnify the holder against “ all loss .... by reason of defects or unmarketableness of the title to the estate or interest insured .... or because of liens or incumbrances charging the same at the date of this policy.” A building was then in process of erection on the mortgaged premises, and is so set forth in the policy: While it was in progress and for six months afterwards, the possibility of the filing of mechanics’ liens which would relate back to the commencement of the building and thus…
2Cited by7 opinions
- Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1903
- De Carli v. O'BrienOregon Supreme Court · 1934
- Whiteman v. Merion Title & Trust Co.Superior Court of Pennsylvania · 1904
- Central Trust & Savings Co. v. Henry Kraan Furniture Co.Superior Court of Pennsylvania · 1914
- Real Estate-Land Title & Trust Co. v. Real Estate-Land Title & Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1931
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