Watson v. Muirhead
| Decision Date | 10 February 1868 |
| Citation | 57 Pa. 161 |
| Parties | Watson <I>versus</I> Muirhead. |
| Court | Pennsylvania Supreme Court |
Before THOMPSON, C. J., STRONG, AGNEW and SHARSWOOD, JJ. READ, J., at Nisi Prius
Error to the District Court of Philadelphia: No. 90, to July Term 1867.
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D. W. Sellers and G. W. Thorn, for plaintiff in error, cited 3 Bl. Com. 165; 2 Chitty on Pl. §§ 668, 669; Whitehead v. Greetham, 2 Bing. 464; Mertz v. Detwiler, 8 W. & S. 376; Derrickson v. Cady, 7 Barr 27; McCandless v. McWha, 10 Harris 261; Fowler v. Sergeant, 1 Grant 355; Eisenlohr v. Swain, 11 Casey 107.
R. C. McMurtrie and E. Olmstead, for defendant in error, cited Walter v. Sample, 1 Casey 275; During's Appeal, 1 Harris 224; Ner v. Emons, 1 Ves. 144; Haines v. Ellis, 12 Harris 253; Wright v. Brown, 8 Wright 224; Michigan Bank v. Merchants' Bank, 6 Metc. 13.
The opinion of the court was delivered, February 10th 1868, by SHARSWOOD, J.
The business of a conveyancer is one of great importance and responsibility. It requires an acquaintance with the general principles of the law of real property and a large amount of practical knowledge, which can only be derived from experience. In England it has been pursued by lawyers of the greatest eminence. As our titles become more complex, with the increase of wealth, and the desires which always accompany it to continue it in our name and family as long as the law will permit, it will become more and more necessary that gentlemen prepared by a course of liberal education and previous study should devote themselves to it. There have been and still are such among us. The rule of liability for errors of judgment as applied to them ought to be the same as in the case of gentlemen in the practice of law or medicine. It is not a mere art, but a science. "That part of the profession," said Lord Mansfield, "which is carried on by attorneys is liberal and reputable, as well as useful to the public, when they conduct themselves with honor and integrity; and they ought to be protected when they act to the best of their skill and knowledge. But every man is liable to error; and I should be very sorry that it should be taken for granted that an attorney is answerable for every error or mistake. * * * * * A counsel may mistake as well as an attorney. Yet no one will say that a counsel who has been mistaken shall be charged. * * * Not only counsel, but judges, may differ, or doubt, or take time to consider. Therefore an attorney ought not to be liable in case of a reasonable doubt:" Pitt v. Yalden, 4 Burr. 2060. The rule declared by Lord Mansfield has been followed in all the subsequent cases. "No attorney," said C. J. Abbott, "is bound to know all the law; God forbid that it should be imagined that an attorney or a counsel, or even a judge, is bound to know all the law; or that an attorney is to lose his fair recompense on account of an error, being such an error as a cautious man might fall into:" Montriou v. Jefferys, 2 C. & P. 113; and see Godefroy v. Dalton, 6 Bing. 460; Kemp v. Burt, 4 B. & Ad. 424; Gilbert v. Williams, 8 Mass. 51.
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... ... jurisdiction conveyancers and lawyers have been dealt with in ... separate classes: compare Watson v. Muirhead, 57 Pa ... 161; Bodine v. Wayne Title, etc., Co., 33 Pa.Super ... 68. [4] This Court considered the difference ... between the two ... ...
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