Mebane v. . Broadnax
Supreme Court of North Carolina
Appeal by defendants W. E. Dalton and Mrs. Eobert Broadnax from Long, J., at November Term, 1921, of Eookistgham. This was an action originally begun against Egbert Broadnax and wife and T. H. Ohumley,' and the complaint, filed in January, 1919, alleged that the plaintiff was entitled to a deed against Eobert Broadnax and his wife for a tract of land of about 400 acres, known as “Hunter’s Delight.”
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Appeal by defendants W. E. Dalton and Mrs. Eobert Broadnax from Long, J., at November Term, 1921, of Eookistgham. This was an action originally begun against Egbert Broadnax and wife and T. H. Ohumley,' and the complaint, filed in January, 1919, alleged that the plaintiff was entitled to a deed against Eobert Broadnax and his wife for a tract of land of about 400 acres, known as “Hunter’s Delight.” The original plaintiff, Mebane, contended that he was entitled to the deed by virtue of a certain paper-writing, referred to as an option or contract to convey, and prayed that the court would…
1Opinion of the CourtClark, C. J.
The obligation resting upon the attorney by virtue of relationship of client and attorney in such cases as this is thus stated in Baker v. Humphrey, 101 U. S., 494: “It may be laid down as a general rule that an attorney can in no case, without the client’s consent, buy and hold otherwise than in trust any adverse title or interest touching the thing to which his employment relates. He cannot in such way put himself in adverse position without this result.. The cases to this effect are very numerous, and they are all in harmony.” This opinion contains a very clear statement as to the high…
2Cases cited5 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Roby v. ColehourIllinois Supreme Court · 1890
- Stern v. Hyman Bros.Supreme Court of North Carolina · 1921
- Bucher v. HohlSupreme Court of Missouri · 1906
3Cited by4 opinions
- Booher v. FrueCourt of Appeals of North Carolina · 1987
- Gooch v. . PeeblesSupreme Court of North Carolina · 1890
- State v. GavinSupreme Court of North Carolina · 1950
- Booher v. FrueCourt of Appeals of North Carolina · 1987