Jones v. Lewis
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1892, by D. M. Jones, executor of Henry Miles, plaintiff, from judgment of C. P. Lackawanna Co., June T., 1880, No. 447, on verdict for defendants, Benjamin Lewis and Thomas Barrow-man. Ejectment. At the trial before Hand, P. J., the evidence was to the following effect: The legal title to the lot in dispute was in Barrowman, the equitable title was in Lewis under an agreement by which he was paying for the property in installments.
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Appeal, No. 294, Jan. T., 1892, by D. M. Jones, executor of Henry Miles, plaintiff, from judgment of C. P. Lackawanna Co., June T., 1880, No. 447, on verdict for defendants, Benjamin Lewis and Thomas Barrow-man. Ejectment. At the trial before Hand, P. J., the evidence was to the following effect: The legal title to the lot in dispute was in Barrowman, the equitable title was in Lewis under an agreement by which he was paying for the property in installments. On May 12, 1877, there was due about $800. At that time Lewis borrowed from a building association, to which he gave his judgment note…
1Opinion of the Court
Per Curiam,
This case involved a question of fraud, which was fairly submitted to the jury. Complaint was made, however, that the learned judge instructed the jury that the fraud must be clear*236ly proved. It is not necessary that the evidence of collusion shall be conclusive: Rogers v. Hall, 4 Watts, 359; Confer v. McNeal, 74 Pa. 112. Nor is it essential that the fraud or collusion appear by positive proof; it may be shown by such facts -and circumstances as would warrant a presumption of its existence; Brinks v. Heise, 34 Pa. 246; Lowe v. Dalrymple, 117 Pa. 564. At the same time, it is settled…
2Cases cited6 opinions
- Rogers v. HallSupreme Court of Pennsylvania · 1835
- Mead v. ConroeSupreme Court of Pennsylvania · 1886
- Lowe v. DalrympleSupreme Court of Pennsylvania · 1888
- Morton v. WeaverSupreme Court of Pennsylvania · 1881
- Confer v. McNealSupreme Court of Pennsylvania · 1873
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3Cited by10 opinions
- Pusic v. SalakSupreme Court of Pennsylvania · 1918
- Andrews v. New Bethlehem Window Glass Co.Supreme Court of Pennsylvania · 1920
- McCreary v. EdwardsSuperior Court of Pennsylvania · 1934
- Roush v. HerbickSupreme Court of Pennsylvania · 1920
- Addleman v. Light & Heat Co.Supreme Court of Pennsylvania · 1914
5 more not listed; retrieve them via the Exa API.