Smith v. Brotherline
Supreme Court of Pennsylvania
October 25tb 1869. Before Thompson, C. J., Read, Agnew, Shakswood and Williams, JJ. Error to the Court of Common Pleas of Cambria county: No. 135, to October and November Term 1868. This was an action of ejectment brought, May 22d 1860, by John Brotherline against John R. Smith, Anthony Swires and others for “ two tracts of land situate in Clearfield township, Cambria county, one surveyed in the name of James Bryson, containing 200 acres, the other in the name of John'Mease,…
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October 25tb 1869. Before Thompson, C. J., Read, Agnew, Shakswood and Williams, JJ. Error to the Court of Common Pleas of Cambria county: No. 135, to October and November Term 1868. This was an action of ejectment brought, May 22d 1860, by John Brotherline against John R. Smith, Anthony Swires and others for “ two tracts of land situate in Clearfield township, Cambria county, one surveyed in the name of James Bryson, containing 200 acres, the other in the name of John'Mease, containing 200 acres,” &c. On the trial, Juñe 9th 1868, before Taylor, P. J., the plaintiff gave in evidence — Warrant…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
The principle of law invoked by the plaintiffs in error is happily settled and clear above and beyond all contention. A counsel or attorney, employed and consulted as such to draw a deed or an application for an original title for land, is in the line of his profession, and is precluded from buying in for his own use any outstanding title. The relation between him and his client is confidential, and whether he acts upon information derived from him or from any other source, he is affected with a trust: Galbraith v. Elder, 8 Watts 94;…
2Cases cited3 opinions
- Galbraith v. ElderSupreme Court of Pennsylvania · 1839
- Cleavinger v. ReimarSupreme Court of Pennsylvania · 1841
- O'Keson v. SilverthornSupreme Court of Pennsylvania · 1844
3Cited by13 opinions
- Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
- Chalupiak v. StahlmanSupreme Court of Pennsylvania · 1951
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1914
- Ainsworth v. HardingIdaho Supreme Court · 1912
- Garinger v. PalmerCourt of Appeals for the Sixth Circuit · 1904
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