Smith v. Thompson's Heirs
Court of Appeals of Kentucky
Error to the Hopkins Circuit. CS-AN'CERl'. Case 84. 'Case stated, The'cOiinsel of a party who deceives him by false representations on'his part, or who knowingly permits his client to be deceived by the repreSehtatia'n s' ofothers violates the duty arising from that confi«fential relation,- and will not be permitted to avail himself of any contract made under such circumstances.
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Error to the Hopkins Circuit. CS-AN'CERl'. Case 84. 'Case stated, The'cOiinsel of a party who deceives him by false representations on'his part, or who knowingly permits his client to be deceived by the repreSehtatia'n s' ofothers violates the duty arising from that confi«fential relation,- and will not be permitted to avail himself of any contract made under such circumstances. An attorney who conducts a suit by which property is subjected to sale, and who to some extent has power over -the sale, will not be protected in his purchase of the property at a sacrifice. (3 Sana., 614;. 7 Ibid,…
1Opinion of the Court
.Cudge Simpson
delivered this opinion of the Court.
Philip Thompson, in his lifetime, had been for .many years, acting as the counsel and attorney of the complainant, Moses E. Smith, in the management of a considerable estate, which he claimed as devisee, under the will of ■his uncle, William B. Smith. By the .contract between the parties, Thompson was to attend to the settlement of the whole business, defending such suits as had been ■brought for any portion of the land devised, and prosecuting any suits that might be necessary to the complete -settlement of the estate. A certain specified…
2Cases cited2 opinions
- Forman v. HuntCourt of Appeals of Kentucky · 1835
- Howell's Heirs v. McCreery's HeirsCourt of Appeals of Kentucky · 1838
3Cited by4 opinions
- Wright v. WalkerSupreme Court of Arkansas · 1875
- McNeill v. ArnoldSupreme Court of Arkansas · 1856
- Palms' Admrs. v. HowardCourt of Appeals of Kentucky · 1908
- Dotson v. PattersonCourt of Appeals of Kentucky · 1914