The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 95

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 95

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...Douglass in very few words, but we gather from the opinion that the judgment of the trial court was afiirmed because Douglass was attorney for plaintiff in the writ, holding that a purchase by an attorney, with the consent of his client, is void in favor of the defendant in the execution. We assume, then, that the court sustained the judgment of the District Court setting aside the sale to Douglass upon the contention presented by the attorneys for Swilley, based upon MeLaury v. Miller, 64 Texas, 384. That case rests mainly upon Howell v. Baker, 4 J ohnson's Chancery, 118, in which Chancellor Kent wrote in terms severely condemning the practice of an attorney buying property exposed for sale under process controlled by him. That eminent chancellor quoted from Hall v. Hallett, 1 Cox Chancery, 134, this language: "No attorney can be permitted to buy in things in a course of litigation, of which litigation he has the management. This the policy of justice will not endure." The chancellor then continued the opinion in the following language: "But though the rule disqualifying trustees, and particularly solicitors and attorneys, from purchasing at sales brought about through their agency, has strong pretensions to be applied to this very case, I do not perceive it to be incumbent upon me, at present, to decide that point. The'purchase by the defendant B. was made under special circumstances, which are sulfieient, of themselves (and particularly when taken in connection with his character as attorney to the execution) to constitute him a trustee for the parties whose interests were concerned in the sale." The following comment upon that opinion by Chief Justice Walworth states forcibly the fallacies in...
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Product details

  • Paperback | 390 pages
  • 189 x 246 x 20mm | 694g
  • United States
  • English
  • black & white illustrations
  • 1236846826
  • 9781236846822