Pearce v. Gamble
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Jxo. A. Foster. The hill in this case was-filed on the 12th July, 1882, by George A. Pearce, acting as receiver under a decretal order made by said Chancery Court, against John Gamble and John Bolling, attorneys at law and solicitors in chancery, practicing as partners; and sought to enforce against the defendants an alleged trust in favor of Preston & Stetson, in a tract of land which had been sold under…
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Appeal from the Chancery Court of Butler. Heard before the Hon. Jxo. A. Foster. The hill in this case was-filed on the 12th July, 1882, by George A. Pearce, acting as receiver under a decretal order made by said Chancery Court, against John Gamble and John Bolling, attorneys at law and solicitors in chancery, practicing as partners; and sought to enforce against the defendants an alleged trust in favor of Preston & Stetson, in a tract of land which had been sold under execution in their favor against one John W. Wright, and which was bought at the sale by said Gamble & Bolling, who were the…
1Opinion of the Court
Pee CujkiaM.
The proposition can not be denied', that the’ appellees, being the attorneys for the firm of Preston & Stetson,, could not purchase the land, under the judgment which was recovered and controlled by them, without the consent of their clients, express or implied. They were forbidden to make the purchase, on well-settled principles of public policy ; and the law holds them to be trustees for their principals, in whose employment tjhey were acting as agents. This is the general rule applicable to all agents and trustees, and attorneys at law constitute no exception to it. — Weeks on…
2Cases cited1 opinion
- Leonard v. StorrsSupreme Court of Alabama · 1858
3Cited by7 opinions
- Adams v. SayreSupreme Court of Alabama · 1884
- Holmes v. HolmesSupreme Court of Georgia · 1899
- Waller v. JonesSupreme Court of Alabama · 1894
- Denny v. ColeWashington Supreme Court · 1900
- Davis v. HendrixSupreme Court of Alabama · 1915
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