PHILO v. ROUGHT

No. 5.

5 Pa. D. & C. 2d 303 (1954)

Philo v. Rought

Common Pleas Court of Luzerne County, Pennsylvania.

May 13, 1954.


Attorney(s) appearing for the Case

Joseph Mieszkowski, for defendant.

R. Lawrence Coughlin and H. Monroe Houtz, for plaintiff.


PINOLA, J., May 13, 1954.

Plaintiff, who is the widow of William L. Philo, brought a bill in equity against defendant asking that she be declared a trustee of certain real estate acquired by her but paid for with the funds of plaintiff's husband; in short, that she be declared a resulting trustee.

At the conclusion of plaintiff's case, counsel for defendant moved for a nonsuit.

Since a nonsuit should only be entered in a clear case where plaintiff...

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