Legal Opinion

Jenkins v. Bradford

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 1 opinion

Appeal from the Chancery Court of Clay. Heard before the Hon. Neil S. Graham. Taul Bradford, James B. Martin and W. H. Isbell formed a partnership for the practice of law, under the name and style of Bradford, Martin & Isbell. They were employed as lawyers by one William H. Jenkins to defend him, indicted for murder in the Circuit Court of Clay county, in this State.

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Appeal from the Chancery Court of Clay. Heard before the Hon. Neil S. Graham. Taul Bradford, James B. Martin and W. H. Isbell formed a partnership for the practice of law, under the name and style of Bradford, Martin & Isbell. They were employed as lawyers by one William H. Jenkins to defend him, indicted for murder in the Circuit Court of Clay county, in this State. For the payment of the fee agreed upon by the parties, Jenkins made a jiromissorv note on the 29th of December, 1868, payable to the said firm twelve months after date ; and to secure the payment of the note at maturity, Jenkins…

1Opinion of the Court

STONE, J.—

The extreme views, sought to be established in defence of this suit, are not sustained by the weight of the evidence. But, independently of that question, on a principle of public policy which has long been an inexorable *403rule of law, the bill in this case must fail, so far as it seeks partition, and a recovery of one-half the lands. That feature of the case comes directly within the rule against champerty.—Holloway v. Lowe, 7 Por. 488; Dumas v. Smith, 17 Ala. 305; Byrd v. Odem, 9 Ala. 755; Wheeler v. Pounds, 24 Ala. 472. And what is called the renewed, or explanatory contract, must…

2Cases cited3 opinions

  1. Byrd v. OdemSupreme Court of Alabama · 1846
  2. Dumas v. SmithSupreme Court of Alabama · 1850
  3. Wheeler v. PoundsSupreme Court of Alabama · 1854

3Cited by1 opinion

  1. Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881

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