Johnson v. Outlaw
Mississippi Supreme Court
Appeal from the Chancery Court of Leflore County. Hon. R. W. Williamson, Chancellor. The case is stated in the opinion of the court. 1. The rule which incapacitates a fiduciary to purchase the estate with which a professional or other agency connects him is founded in the principle that, to insure complete and unswerving fidelity, he must never antagonize the client, or principal, or beneficiary, by creating an interest which shall oppose his duty.
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Appeal from the Chancery Court of Leflore County. Hon. R. W. Williamson, Chancellor. The case is stated in the opinion of the court. 1. The rule which incapacitates a fiduciary to purchase the estate with which a professional or other agency connects him is founded in the principle that, to insure complete and unswerving fidelity, he must never antagonize the client, or principal, or beneficiary, by creating an interest which shall oppose his duty. In purchasing the property with which he is connected professionally, the attorney is not to be the judge of whether his client’s interest will…
1Opinion of the CourtChalmeRS, J.
This is a bill brought by Johnson, seeking to hold Outlaw as trustee for him in the purchase of a tract of land, upon the ground that Outlaw, as his retained attorney at law, was precluded from buying for himself, and that his purchase inured to the benefit of the client. The facts are these : Outlaw held, for suit and collection, three notes belonging to and received from Johnson, against one Wilbourn. Upon all. of them suit had been brought, and upon one of them a judgment had been recovered. There were various other judgments, in favor of different persons, enrolled against Wilbourn,…
2Cases cited3 opinions
- Marsh v. WhitmoreSupreme Court of the United States · 1874
- Galbraith v. ElderSupreme Court of Pennsylvania · 1839
- Hockenbury v. CarlisleSupreme Court of Pennsylvania · 1843
3Cited by6 opinions
- Home Investment Co. v. StrangeTexas Supreme Court · 1918
- In Re Will of MosesMississippi Supreme Court · 1969
- Ward v. BrownSupreme Court of Missouri · 1885
- Aultman, Miller & Co. v. LoringMissouri Court of Appeals · 1898
- In Re Will of MosesMississippi Supreme Court · 1969
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