COMMONWEALTH LAND TITLE INS. CO. v. DOE


395 Pa.Super. 595 (1990)

577 A.2d 1358

COMMONWEALTH LAND TITLE INSURANCE COMPANY and T.A. Title Insurance Company v. John DOE, d/b/a Martin Krasner and Harriet Krasner, Thomas Jefferson University, Martin Krasner and Harriet Krasner, h/w and Mellon Bank East (N.A.). Appeal of T.A. TITLE INSURANCE COMPANY.

Supreme Court of Pennsylvania.

Filed July 6, 1990.


Attorney(s) appearing for the Case

William J. Barker, Jr., Philadelphia, for appellant.

Neil S. Witkes, Philadelphia, for Commonwealth Land Title, appellee.

Before BROSKY, WIEAND and JOHNSON, JJ.


WIEAND, Judge:

The dispute in this appeal is between two innocent victims of fraud, both of whom sought to recoup their losses from a fund which was inadequate to satisfy both claims.

On June 21, 1988, T.A. Title Insurance Company (T.A. Title) was involved as title insurance company in a closing for real estate situated at 128-130 South Street, Philadelphia, which purportedly had been sold by or on behalf of Harriet and Martin Krasner. At the closing, T.A...

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