Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-20
LEGAL.

Decisions Of the Supreme Court OF
Tennessee, Mt Nashville. December
Germ, 1857.
Reported for The Union and Dispatch, by S. J.
Henderson. Attorney at Law.
The Planters Bank Of Tennessee and D. Weav-
er, %. }. q. Horaberger W. J. Hume and 9TH
ers and
J. @. Hornberger %. Planters Bank Of Tennes-
see and others.
CONTINUED. I
The original bill in effect seeks TO set
aside the contract, and allow a quantuBl
Ulcruh recovery.
The cross-bill seeks a specified perform
ance Of the contract. And this latter, the
Chancellor decrecd. In announcing the
conclusions Of the court, we will not dis
cuss severally the various reasons and
arguments that have been submitted al the
bar Why on the one hand the contract
should be rescinded, or why on the other it
should be specifically performed.
Let ms ascertain what a party is re-
quired TO show in order TO have a contract
rescinded and annulled, which contract is
sought 10 be enforced by his adversary.
As between parties that are coDlpoS
Dlentc8; no fraud appearing, no fiduciary
relation existing, but treating with each
other at arms length and on equal terms
contest between two judgments as to pre-
sent and future values, bare inadeqnacy of
price would not be sufiicient but if the
dispropOrtion between the value of the
thing and the consideration given, was so
great as TO become shocking TO common
sense and very gross, the courts would
set II aside, not because of actual fraud
any more than for want of capacity, but
because of the bare injustice of the trans
action, so apparent that no court admins
terlng justice could conscientiously per
NIT il to stand. Such an inadeauacy is
equivalent in law TO fraud, or equivalent to
incapacity, and the effects are the same.
Now, if we alter the capacity of The par
ties, reducing one below the ordinary. 40
that he descends in quantum Of capacity
towards the condition Of the fool or luna
tic, the vigilance Of the court becomes
aroused, its scrutiny awakened, and less in
adequacy Of price will induce il to give
the relief of RECESSION or cancellation. The
deeper the enc party has sunk towards
mental imbecility the greater becomes the
duties and responsibilities Of the court TO
relieve and protect him, and the greater
vigilance it is called upon to exer-
else 10 this end J.; 80 when he
shall have fallen into complete in
capacity, the act becomes, ipso tccto void
or voidable, without any inquiry into the
terms Of the contract, or the adequacy or
inadequacy of the consideration. so is the
rule in regard TO contracts between parties
occupying a tiduciary relation to each
other. lnadequacy Of consideration be-
tween these will be looked To-, il is true,
and very slight inadequacy added 30 a
remote tduciary character, would be suf-
hcient 10 order recession, as the fduciary
relation draws nearer and the confidence
and trust reposed increases adequacy and
inadequacy Of consideration diminishes as
an element of which the law will take hold
to grant relief, until finally these cease 10
have any consideration, and there arises q
more absolute principle Of law, decisive
and Preremptory. The relation is such
between the parties that the law interdicts
all trades between them. Such are the
relations between guardians and wards,
lunatic and committee. The principle is,
that the greater the confidence, the more
confding the trust, the more absolute the
dependence of the one party, and conse-
quently the easier il would be TO the other
party TO acquire an advantage, the more
strict the law becomes, and the greater pro-
lection it affords to the dependent party.
Whether the dependence arose from imbe-
cility or from a necessary legal relation Of
tduciary character, il matters not; the
legal effect is the same, the only difference
being in the cause.
This brings us to the consideration Of the
relation of attorney and client, and in this
we have derived great aid from English
decisions, as well as those Of our own
courts, and review of these decisions
shows most conclusively that the relation
is one of great delicacy, extremely fdu-
cisry in its character, and he who has
strictly guarded againBt committing any
breach Of IL in the course of a long prac-
tice, has continually cultivated the highest
virtues of his nature.
In the case of Middleton as Villa 4
Bro, p. G. 245, il was decided that it il
an established rule in courts of equity that
no gift or grstuity TO an attorney beyond
his fair professional demands, made dnring
the time that he continues 10 conduct or
manages the affairs Of the donor, and more
especially if such gift or gratuity arises
Immediately ont of the subject Then, TN
der the attorneys management will il be
sustained Ia l Cox ll2, il was held that
in sch case proof Of actual fraud was
not necessary. Any gift to an attorney by
a client during the pending Of the htiga-
ton will be set aside. > Yes. 259; Is
Yes. 300; 1 Hay. 29l. If an attorney
agrees with his client TO receive for his
services eNorbitant or extraordinary re-
ward, the court will set il aside and re-
duce il 10 the standard Of those fees 20
which he should be reasonably entitled.
Sanderson as Glass, > AK. go. indie
pendent of fraud, am attorney shall not
take gift from his client while the rela-
ton exists. Wright rs. Bond Is, Yes. ISs.
In Mathews rs Wallwyn, YES ll9. a
settled account between a solicitor and eli
ent was opened and reviewed, upon the
general allegation of the client OF error,
though no specified errors were pointed
out in the bill.
In the case Of Ballew u.s. Russell. / Ball
and b. 20, il was decided that all dealings
between attorney and client are anxiousiy
scIutinizCd in equity in order 10 protect
the client from has own acts, done under
the influence or ascendenCy which an At
iorney acquires over him.
In the case of Wood Is. Downes, Is Yes.
100, the court decided that, Beneficial
contracts and convey ances, obtained by an
attorney or solicitor from his client during
this relation az such and connected with the
subject ofthe suit, will be decreed TO stand
as security only FOR which was actually due,
and such purchases will be declared trust.
On a question of the property OF a pur-
chase made by an attorney from his client,
IN the case Of Myrick Is. Edwards Hare,
GO, the court declares il is the general rule
that the unEs Of showing the Transaction TO
have been fair lies upon the solicitor.
In the case Of Todd as Wilson, 9 Beaysn,
4sG, a cesfue que trust and trustee lthe latter
being a solicitor) had a full settlement Of
all accounts, and the latter charged for
professional services in the management Of
The trust, and a general release was exc
cutes, bat as the oestUe que trust did not have
80 H. s11;rftor or LEGAL adVfaqF pFesput