Kidd v. Williams
Supreme Court of Alabama
Appeal from Elmore Chancery -Court. Heard before 1-Ion. R. B. Kelly. Tills was a bill filed by A. E. Williams to enjoin the foreclosure of a mortgage executed by liim to H. B. Tulane, the bill being filed against Louisa V. Ividd, executrix of Tulane’s estate. A motion was made to suppress the deposition of the witness Hancock because of his failure and refusal to answer certain cross-interrogatories. The other material facts are shown by the opinion.
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Appeal from Elmore Chancery -Court. Heard before 1-Ion. R. B. Kelly. Tills was a bill filed by A. E. Williams to enjoin the foreclosure of a mortgage executed by liim to H. B. Tulane, the bill being filed against Louisa V. Ividd, executrix of Tulane’s estate. A motion was made to suppress the deposition of the witness Hancock because of his failure and refusal to answer certain cross-interrogatories. The other material facts are shown by the opinion. (1.) All transactions between persons holding -confidential relations, whereby the person in wh-om' confidence is -reposed obtains a donation of…
1Opinion of the CourtHaralson, J.
— The relation of attorney and client has been much discussed in this court, and in other courts, and is 'well understood. The principle settled is, that they sustain ito each other, during the time the relation exists, in respect to any matter being conducted for the client by the attorney, the relation of trustee and cestui que trust, and their 'dealings with each other arc subject to the same intendments and imputations as obtain between other trustees and beneficiaries.—Young v. Hooper, 73 Ala. 119; Dickinson v. Bradford, 59 Ala. 581.
Upon this principle, attorneys “are not allowed to fix…
2Cases cited4 opinions
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Dickinson v. BradfordSupreme Court of Alabama · 1877
- Lecatt v. SalleeSupreme Court of Alabama · 1836
- Yonge v. HooperSupreme Court of Alabama · 1882
3Cited by23 opinions
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
- Bolles v. O'BrienSupreme Court of Florida · 1912
- Stone v. Gulf American Fire and Cas. Co.Supreme Court of Alabama · 1989
- Verner v. MoselySupreme Court of Alabama · 1929
- La Fleaur v. KinardCourt of Appeals of Texas · 1942
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