McMillan v. Brookfield
Supreme Court of Arkansas
Appeal from Cross Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OF FACTS. C. T. McMillan brought this suit in equity against J. C. Brookfield to set aside a deed to about 14 acres of land, on the ground that the execution of the deed was obtained through undue influence while the defendant was attorney for the plaintiff to recover the land from a third person.
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Appeal from Cross Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OF FACTS. C. T. McMillan brought this suit in equity against J. C. Brookfield to set aside a deed to about 14 acres of land, on the ground that the execution of the deed was obtained through undue influence while the defendant was attorney for the plaintiff to recover the land from a third person. Subsequently Susanna McMillan, the wife of C. T. McMillan, was permitted to become a party plaintiff to the suit. C. T. McMillan is a colored man. According to his testimony, he purchased the land in question from a Mr. Davis,…
1Opinion of the CourtHart, J.
(after stating the facts.) It is well settled in this State that an attorney may purchase from his client the results of a suit promoted by him, but the burden is upon the attorney to show the most perfect good faith, the absence of undue influence, a fair price, .knowledge, intention, and freedom of action by the client, and also that he give his client full information and disinterested advice. Davis v. Webber, 66 Ark. 190; Thweatt v. Freeman, 73 Ark. 575; and Weil v. Fineran, 78 Ark. 87.
Tested by this rule, we think that, the deed should be set aside. The consideration recited in the deed…
2Cases cited7 opinions
- Davis v. WebberSupreme Court of Arkansas · 1899
- Thweatt v. FreemanSupreme Court of Arkansas · 1905
- Lenon v. BrodieSupreme Court of Arkansas · 1906
- Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1913
- Lemay v. JohnsonSupreme Court of Arkansas · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928
- Swaim v. MartinSupreme Court of Arkansas · 1923
- Bond v. MarlinSupreme Court of Arkansas · 1940
- Goode v. KingSupreme Court of Arkansas · 1934
- Blake v. DenmanSupreme Court of Arkansas · 1951
5 more not listed; retrieve them via the Exa API.