Bowers v. Virden
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. Hon. E. Gr. Peytoe, Chancellor. Virden filed his bill in chancery against Bowers, for the purpose of having him charged as a trustee of the legal title to a certain tract of land, and to require the conveyance thereof to the complainant, upon the ground that the defendant was the attorney and legal adviser of the complainant, and purchased the land in violation of his professional obligations and duties.
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Appeal from the Chancery Court of Madison County. Hon. E. Gr. Peytoe, Chancellor. Virden filed his bill in chancery against Bowers, for the purpose of having him charged as a trustee of the legal title to a certain tract of land, and to require the conveyance thereof to the complainant, upon the ground that the defendant was the attorney and legal adviser of the complainant, and purchased the land in violation of his professional obligations and duties. The bill states, substantially, that Virden resided in Jackson, Hinds County, but was engaged in a mercantile business in Canton, Madison…
1Opinion of the CourtCampbell, J.
At the time of the delinquency of the land, and its sale for taxes, the appellant did not sustain such a professional relation to appellee, as to the subject of the sale, as to disable him to purchase at said sale for himself. The fact that appellant had written the will of appellee, which disposed of this land, and that he had been consulted, in the autumn of 1871, about collecting rent for the use of said land that year, did not preclude him from buying it at the sale for taxes. His duty as to the will terminated with its preparation ; and in advising as to the collection of rent, he…
2Cited by2 opinions
- Kauder v. LautmanNew Jersey Court of Chancery · 1933
- Day v. CowartMississippi Supreme Court · 1951