Fellows v. Loomis
Supreme Court of Pennsylvania
Appeal, No. 175, Jan. T., 1901, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1889, No. 358, on verdict for plaintiff in case of Joseph Fellows, Cornelius Smith, Margaret A. Smith, J. Stanley Smith and Winfield Fellows v. F. E. Loomis and John H. Fellows. Ejectment for land in the city of Scranton. Before Gordon, P. J., specially presiding.
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Appeal, No. 175, Jan. T., 1901, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1889, No. 358, on verdict for plaintiff in case of Joseph Fellows, Cornelius Smith, Margaret A. Smith, J. Stanley Smith and Winfield Fellows v. F. E. Loomis and John H. Fellows. Ejectment for land in the city of Scranton. Before Gordon, P. J., specially presiding. For the facts of the case, see Fellows v. Loomis, 170 Pa. 415, At the trial the court rejected evidence offered by defendants to prove that the story presented to the court on the former trial of the case, to the effect that the sheriff’s…
1Opinion of the Court
Per Curiam,
When this case was here on anappeal'from the judgment entered at the second trial, 170 Pa. 415, the facts were reviewed in .detail by the late Justice Williams, from which it clearly appéared that Loomis, one of the present appellants, was a trustee of the land in controversy. The judgment wasreversed and a venire facias de novo awarded, that a verdict might be rendered-recognizing and executing the trust in • accordance with the' principles enunciated in the opinion of the court. On the new' trial so awarded, the learned judge below understood just what was intended by our former…
2Cases cited1 opinion
- Fellows v. LoomisSupreme Court of Pennsylvania · 1895