Eckrote v. Myers
Supreme Court of Iowa
Appeal from Mahaska District Court. Action in chancery to set aside a tax title held by defendant on certain lands, against which plaintiff holds a decree foreclosing a mortgage, and for an accounting between the parties. There was a trial upon the merits and a decree was entered dismissing plaintiff’s petition; he now appeals to this court.
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Appeal from Mahaska District Court. Action in chancery to set aside a tax title held by defendant on certain lands, against which plaintiff holds a decree foreclosing a mortgage, and for an accounting between the parties. There was a trial upon the merits and a decree was entered dismissing plaintiff’s petition; he now appeals to this court. The relation of attorney and client will prevent the former from purchasing an outstanding title that affected property about which he had been consulted, or mortgaged to secure a debt he had been employed to collect, unless such purchase, at the election…
1Opinion of the CourtBeck, J.
A law firm, of which defendant was a member, received for collection certain notes owned by plaintiff and secured by a mortgage upon lands. This was in 1860. They, instituted proceedings promptly, and within proper time recovered a decree of foreclosure. They kept defendant informed of the progress of the business and advised him that they found it necessary to advance money for fees in the prosecution of the action, for which they often demanded of defendant that he should reimburse them. No response was made to these demands. After the decree was entered they advised plaintiff of the fact,…
2Cited by4 opinions
- Steinbeck v. Bon Homme Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Turner v. KirkwoodCourt of Appeals for the Tenth Circuit · 1931
- Ferrell v. StinsonSupreme Court of Iowa · 1943
- Bowman v. Officer & PuseySupreme Court of Iowa · 1880