Legal Opinion

Hood v. Fahnestock

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 23 opinions

ERROR to the common pleas of Mercer county. Obed Fahnestock against John M. Hood. The court below thus stated the case, and charged the jury; This is an ejectment to recover the possession of a house and lot in Mercer. On the part of plaintiff, there is in evidence the record of a judgment in the district court of Dauphin county. 0. Fahnestock v. Jacob and James Henington, testatum fieri facias to May term 1S26, to sheriff of Mercer county.

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ERROR to the common pleas of Mercer county. Obed Fahnestock against John M. Hood. The court below thus stated the case, and charged the jury; This is an ejectment to recover the possession of a house and lot in Mercer. On the part of plaintiff, there is in evidence the record of a judgment in the district court of Dauphin county. 0. Fahnestock v. Jacob and James Henington, testatum fieri facias to May term 1S26, to sheriff of Mercer county. Mias fieri facias levied on lot in dispute; inquisition held in April 1834; venditioni exponas returned sold to plaintiff for 250 dollars, August 1834.…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The first and second errors are unsupported; but in the matter assigned as the third error, the court answered the defendant’s point incorrectly. • It is now well settled that if one in the course of his business as agent, attorney, or counsel for another, *492obtain knowledge from which a trust would arise, and afterwards become the agent, attorney, or counsel of a subsequent purchaser in an independent and unconnected transaction, his previous knowledge is not notice to such other person for whom he acts. The reason is, that no man can be…

2Cases cited3 opinions

  1. Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
  2. Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
  3. Anderson v. RobertsNew York Supreme Court · 1820

3Cited by23 opinions

  1. McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864
  2. Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
  3. Houseman v. Girard Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1876
  4. Colquitt v. ThomasSupreme Court of Georgia · 1850
  5. Meehan v. WilliamsSupreme Court of Pennsylvania · 1865

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