The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1920-04-14
COMPANY
GETS DOLLAR |. 4 kEG.
Some Unusual Angles to
Suit Over Title to
Fairmont Property.

One dollar per keg for fifty assorted
kegs of Hot-co, cher-Co. CONGO, ant
Nec-co. furnished to the John Russs
Fruit company was tho verdict of the
jury this morning. in the suit Of the
Normandy Co. of Norfolk, Va, decided
In the Circuit court. Six hundred and
twenty-five dollars and seventy cent?
was the amount sued for.
An interesting question was raised
by the jury after having deliberatet
for UPWARDS OF an hour, when they
cane into court and through the fore
man, Harry Engle, asked Judge Hay
tnond whether, or not the goods would
belong to- tho defendant in case they
rcsEsed the plaintiffs plea for ne
cun:ary remuneration. The Judges de
cislon that in that case, the goods
would remain in the possession Of the
,;ses,iaaat preclpitated wrangle be
tween tho attorneys. Trevey Nutter fol
the plaintiff and Walter Haggerty 70,
the defense. but the decree stood. i,
Is thought that the verdict for $50 was
rendered by the Jury in accordance
with his decision by the judge, and
that 1t was intended to at least nay
the plaintiff for his kegs.
Another peculiar case Of lateral con
sanguinity came up in the Circuit cour,
this morning when the jury was select
ed to try the suit for the recovery Of
some money paid by Edward Pople te
Attorney A. S. Fleming, in August
1909, for the transfer OF piece of rea,
estate on the corner of Ninth stree,
and CASTOR avenue.
One of the jury was excused BY
Judge Raymond on the assertion OF
MIR. Pople that the juror, A. L. Keener
OF Hopewell, was a nephew Of his. AS
Mr.. Keener left the jury box, with Q
puzzled look on his face, he, walked
over to Mr.. Pople and held short con
fab, after which he took seat outside
the railing still looking puzzled. When
questioned Mr.. Keener said, 1.-THE first
wife of Johnny Pople, son of Perry
Pople. was my cousin. II that makes
me Perry's nephew, I've got another
guess coming" g
The case on trial is one OF the mosl
unusual in the annals Of the Circuit
court. In explaining the plaintiff's
case to the jury, Attorney E. F. Frame
stated that in 1909 Mr.. Pople bought
from Fred B. Huff, the property OF
Ninth street and CASTOR avenue
through Attorney Fleming, acting fol
Mr.. HUFF. A third of the purchase
price of $4,000 was paid in cash, the
balance in two notes. In 1913, the Elk
change Bank Of Warrington sued on ,
note previously given in payment fol
former transfer Of this same proper
ty, and had the former deed set aside
thus multiplying the deed made be
tween Messrs. HUFF and Pople. Tht
property was then sold, and Mr.. Popls
bought IT in for 1900. The latter now
sues for the money originally paid fol
the property.s
In his statement to the jury, Attor
ney Fleming, acting for himself admits
the truth Of all the facts alleged con
corning the various transfers Of the
property, but says that he simply act
ed as attorney for Mr.. HUFF, and con
tends that he is not really a party Il
the suit.
Attorney E. NJ. showalter is asso
ciated with Mr.. Frame for the plain
tiff.
Following are the jurors: L. H
Barr. Russell Clayton, Ernest Heck
Charles E. Decker, Fred Moore
Charles Wise, Charles. Google, John D
Tenant, G. H. Cox, A. M. Osborn
french Barnes and Arthur Reed.