The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-05-13

from her husband, would not become a
party to the deal and as a means OF
overcoming this difficulty and giving
the Delaware, Lackawanna and West
ern company clear title, a sheriff's
sale was had.
LOOMS BOUGHT 1T.
LoOmis bought in the property, made
due and regular conveyance to the
company and Mr.. Fellows sued LOoms
to regain possession Of his land. Cor
nelius Smith was engaged by Mr.. Eel
lows to prosecute the case. The liti-
cation was commenced in 1889 and on
october 7, 1895 the Supreme court af-
firmed and established Fellows title
to the land.
In the meantime and before the Su-
preme courts decision the OccurranCes
which occasioned Fellows present COM
plant took place.
Fellows is now "a years of age. At
the time he engaged Smith as his at
torney he was 63 and according to his
own statement was broken down in
health; without any occupation or in
come ana ro resources except the land
in question, which on account Of its
being in litigation was of little or no
| avail in supplying his daily needs.
At the time of the beginning of the
| action in ejectment against Loomis,
Smith required the plaintiff to give him
a ten-day note for $1,000 to secure his
! compensation for professional services
| and expenditures. Some months later
| Smith proposed that Fellows should
| give him a deed conveying an undivid-
ed one-half part of the lands in ques-
II. .
he would give Fellows a receipt for
| $4,000, leaving an Indebtedness of $500
| still on record SO that a sherih's sale
might be effected in case one was de-
sired as In the former instance. Being
| persuaded by his attorney that such
| transaction would be advantageous, he
made over q quit claim deed for one
half the land for the nominal consider
alton Of $4,000.
FELLOWS STATEMENT.
After reciting the above in detail in
the paper book, the plaintiff goes on
to say;
Having no means Of support as
aforesaid, except about 800 which
his said attorney advanced to him up
to the month of September 1891, by
| 'IibA Nllllt lllt pldlllllll NdS ltuuNtl 10 Il
condition of extreme want for the nec-
essaries Of life Of which the defendant
Cornelius Smith, by reason of the con.
| hdential relations between him and the
plaintif, was well aware. About the
| middle of that month when the plain
tiff was i'm his said attorneys Office
discussing with him his destitute and
poVerty-stricken condition, his attor.
| n -. a 81, a g.. 4,
plaintifl, would convey 10 him an un.
divided fourth part Of the balance OF
the lands iH question he would pay tC
the plaintiff the sum Of $1,000 at such
time as he should recover the property
and that in addition to said sum hC
would pay to the plaintiff the further
sum of SIS per month for his support
until final judgment in the case afore,
said.
"The plaintiff having no means o
support nor other means Of ralsinl
money for his immediate wants am
necessities, and beinGepersuaded by hi.
attorney that it would be a reasonable
just and fair means by which he coulC
secure a livelihood pending the deter
mination Of the said action; and beinl
further assured by his attorney that h,
could occupy his office for a sleeping
room, end that the sum of $l5 pei
month 10 be so paid 10 him woulC
maintain and support him in the mean
, time, he accepted the proposal later
the same day or the following day. tn,
said Cornelius Smith drew up a dee,
dated September l5, 1891, and presente,
1t 10 the plaintiff for his signature, II
which John Stanley Smith, then min
or child. the other defendant in thi
case, was named as grantee.
Tho plaintiff, upon looking at tn
deed, discovered that II described al
! undivided one-half part instead of I
one-fourth part Of the balance Of SAT-