Bell v. Throop
Supreme Court of Pennsylvania
APPEAL by plaintiff from the court of common pleas OF LACKAWANNA COUNTY. No. 195 July Term 1890, Sup. Ct.; court below, No. 303 August Term 1879, C. P. On November 1, 1877, Zachariah Bell brought ejectment against B. H. Throop and H. W. Tobias, for a lot of ground in Scranton city. Issue.
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APPEAL by plaintiff from the court of common pleas OF LACKAWANNA COUNTY. No. 195 July Term 1890, Sup. Ct.; court below, No. 303 August Term 1879, C. P. On November 1, 1877, Zachariah Bell brought ejectment against B. H. Throop and H. W. Tobias, for a lot of ground in Scranton city. Issue. At the trial on January 13, 1890, the plaintiff adduced evidence of title in Tobias in 1876, under a contract of sale with B. H. Throop, as the attorney in fact of Price and Pancoast, and put in evidence the record of a judgment entered on April 10,1876, for f>313.60, in favor of George Fisher, assignee of…
1Per curiam
The question of fraud and collusion between Throop and Tobias to hinder and delay the creditors of the latter, was submitted to the jury under proper instructions. The entry of the amicable action of ejectment was not evidence of fraud. As the learned judge instructed the jury, it is an every-day transaction. If we concede that Tobias intended a fraud, it would not affect Dr. Throop unless the knowledge of it was brought home to him. In other words, he must have participated in it. The mere acts or declarations of Tobias, after the transaction, would not be sufficient to connect Throop with…
2Cited by12 opinions
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- In Re Jennings' EstateMontana Supreme Court · 1925
- Roush v. HerbickSupreme Court of Pennsylvania · 1920
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