Legal Opinion

Elkin v. Rives

Mississippi Supreme Court

Decided October 15, 1903PublishedCited by 4 opinions

Erom the circuit court of Noxubee county. Hon Q-uion Q. Hall, Judge. Elkin apd another, appellants, were plaintiffs in the court below; Rives, appellee, was defendant there. Erom a judgment in defendant’s favor, plaintiff’s appealed to the supreme court. In 1900, appellants borrowed $1,000 from one Cooper, and, to secure same, gave a deed of trust on some property. They also gave their note payable in one year from date.

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Erom the circuit court of Noxubee county. Hon Q-uion Q. Hall, Judge. Elkin apd another, appellants, were plaintiffs in the court below; Rives, appellee, was defendant there. Erom a judgment in defendant’s favor, plaintiff’s appealed to the supreme court. In 1900, appellants borrowed $1,000 from one Cooper, and, to secure same, gave a deed of trust on some property. They also gave their note payable in one year from date. The note provided that “if not paid at maturity and collected by an attorney, or by legal proceedings an additional sum of ten per cent on the amount of this note shall be…

1Opinion of the Court

Whitfield, O. J.,

delivered the opinion of the court.

In those cases in which a dry, naked trustee has been allowed attorneys fees for services, such as Lowries appeal, 1 Grant, Cas. 373, and Babcock v. Hubbard, 56 Gonn., 284, 15 Atl. 791, the professional services have usually been rendered in litigating cases or in conducting suits. In both the cases referred to, the trustee had been employed as attorney before he acted as trustee, and was a mere holder of legal title. In all the other cases that we have been able to find, trustees have been denied compensation for professional services. See…

2Cases cited1 opinion

  1. Babcock v. HubbardSupreme Court of Connecticut · 1888

3Cited by4 opinions

  1. American Nat. Ins. Co. v. SchenckCourt of Appeals of Texas · 1935
  2. Kaiser Investments, Inc. v. DavisMississippi Supreme Court · 1989
  3. Owen v. StonerMississippi Supreme Court · 1927
  4. Tubberville v. SimpsonMississippi Supreme Court · 1908

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