Matthews v. Crockett's Adm'r
Supreme Court of Virginia
Appeal from decree of circuit court of Wythe county, in the cause of J. Stuart Crockett, as administrator c. t. a. of Elizabeth E. Crockett, deceased, and as committee of Henry E. Crockett, a lunatic, &c., is plaintiff, against O. E. Mayer and Maria B., his wife, William Gibboney, Alex. F. Matthews and others, defendants.
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Appeal from decree of circuit court of Wythe county, in the cause of J. Stuart Crockett, as administrator c. t. a. of Elizabeth E. Crockett, deceased, and as committee of Henry E. Crockett, a lunatic, &c., is plaintiff, against O. E. Mayer and Maria B., his wife, William Gibboney, Alex. F. Matthews and others, defendants. The case, so far as it is necessary to be stated in order to a correct ’ understanding of the matter in controversy, is this: The said Elizabeth E. Crockett, under the terms of the will of her father, the late Henry Erskene, was entitled for her life to the interest on a…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
We are of opinion that the decree is erroneous. A careful examination of the record leaves no room for doubt that the evidence, so far from overcoming sustains the answer of the appellant in every essential particular. It is unnecessary, therefore, to decide whether an attorney may lawfully purchase from his client, pendente lite, the subject matter of his employment (as to which, see Rogers v. Marshall, 3 McCrary, 76; 2 Lead. Cas. Eq., Pt. II, p. 1216 et seq.); for no such question properly arises in the present case.
*397The…
2Cases cited8 opinions
- Atlantic Delaine Co. v. JamesSupreme Court of the United States · 1877
- Eyre v. PotterSupreme Court of the United States · 1854
- Osgood v. FranklinNew York Court of Chancery · 1816
- Hord's adm'r v. ColbertSupreme Court of Virginia · 1877
- Greer v. GreersSupreme Court of Virginia · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Va. Fire & Marine Ins. v. CottrellSupreme Court of Virginia · 1889
- Paul v. BaughSupreme Court of Virginia · 1889
- Terry v. Fontaine's Adm'rSupreme Court of Virginia · 1887
- Fidelity Savings Ass'n v. Bank of CommerceWyoming Supreme Court · 1904
- Delos Bush v. WhitakerNew York Supreme Court · 1904
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