Rogers v. R. E. Lee Mining Co.

McCrary, Circuit Judge.

First—It is not necessary to decide the question whether an attorney at law can, under any circumstances, purchase pendente lite from his client, the subject matter of a litigation in which he is employed and acting.

Second—Equity will not uphold such a sale, even upon a showing of good faith, where it appears, as in this case, that the attorney while negotiating for the purchase of the property, was at the same time, and as part of the negotiation, advising the client as to the probable outcome of the litigation concerning it.

It is difficult to see how it is possible…