Thomas v. Turner's Adm'r
Supreme Court of Virginia
Appeal from decree of circuit court of Nelson county, rendered at its September term, 1888, in a suit in equity wherein Thomas P. Fitzpatrick, administrator de bonis non with the will annexed of Lemuel Turner, deceased, was plaintiff, and Emily R. Thomas and others were defendants.
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Appeal from decree of circuit court of Nelson county, rendered at its September term, 1888, in a suit in equity wherein Thomas P. Fitzpatrick, administrator de bonis non with the will annexed of Lemuel Turner, deceased, was plaintiff, and Emily R. Thomas and others were defendants. The controversy grows out of a certain written assignment, executed by the said Emily R. Thomas, on the 18th of December, 1886, for the benefit of the said Thomas P. Fitzpatrick, for services previously rendered by him as her attorney. It appears from the record that Lemuel Turner died in December, 1878, seized and…
1Opinion of the Court
Lewis, P.
(after stating the case), delivered the opinion of the court.
Tested by the equitable and wisely-established-rule which applies to such cases, it is very clear that the decree upholding the transaction in question is erroneous. According to that rule all dealings between attorney and client for the benefit of the former, are not only regarded with jealousy and closely scrutinized, but they are presumptively invalid, on the ground of constructive fraud; and that presumption can be overcome only by the clearest and most satisfactory evidence.- The rule is founded in public policy, and…
2Cases cited12 opinions
- Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
- Stockton v. FordSupreme Court of the United States · 1851
- Dickinson v. BradfordSupreme Court of Alabama · 1877
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
- Jennings v. McConnelIllinois Supreme Court · 1855
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3Cited by35 opinions
- Spilker v. HankinCourt of Appeals for the D.C. Circuit · 1951
- Littleton v. KincaidCourt of Appeals for the Fourth Circuit · 1950
- Nicholson v. ShockeySupreme Court of Virginia · 1951
- In Re DeckerDistrict Court, W.D. Virginia · 1969
- Keenan v. ScottWest Virginia Supreme Court · 1908
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