The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-04-20


7gias nllser. q {. . &. 4, s.. s, 1900.
ina &, te United Sfat District Court one day 1sst
Week vfy aat e done lne In ressssentigg
e En- i a & a aaBe shss sess
for yery sziaII consid said u, 900 for
ono q s
figatf0ns. L8i ,3...., 8.
that IN tie the fall Of sS3 purchased from John AM
bier Smith, assignee Of Wiiiiam, Maj9r. bsnkrupt
claim AGAINST s Of MS isss q y two S
and by another brother. the executor OF his father
and one brother and the administrator Of the other
as OF no value whatever, for the sum of $50. Thus
Far have not realized 1t one single cent The sale
was authorized by the register and approx by the
after reading the nor ses
by any creditor Of the bankrupt who fled his petit
A few weeks ago the bankrupt and his brother. the
executor as above stated and administrator, filed
their Joint petition, complaining of this sale and ask
ing to have II set aside alleging as grounds Tor 20
list. Inadequacy of price, saying now that the In
I'd. that the order OF court appointing John AM
bier Smith assignee In the place OF Highly was Illegal
Sd. That had been In 1859 (seycn years ago)
counsel for Highly. the first assignee.
The court dismissed that petition and appointed
another assignee In the place of Smith without being
asked to do so byany creditor Of the bankrupt, aud
decided that Smith never was legally appointed as
slgnee and that the sale although con.
Court decided that purchaser at judicial sale was
bound ut his peril to not only that the decree OF
confirmation was legal but also TO see that all the
steps that pended tire confirmation were legal and
regular; and further, that the safe was made TO one
VINO could not buy because he had once been counsel
the sale.
In the case Of Wood vs. Downes 1s yesey, p. 100,
cited by the counsel on the other side to Judge
tanned by an attorney from his client during their
relation such are liable to the charge OF champ.
9 st = h he Tsston a. not eope
ceased-if the influence can be nationally supposed
also to have ceased client may be generous 70 ms
dead two years. and OF course al influence over MN
had ceased. have never in my life, that can nov
my hands for collection; but Judge Thompson, than
whom purer judge never sat on the bcnch III .lr-
gna. said, in the case OF John G. MAJOR, executor
ton Hcath's Reports, that the doctrine OF champ.
erty referred to by Lord Eldon was not the lay OF
much right to contract with his client for his services
that doctor preacher had to contract lor ms ana
so did the Supreme Court OF Appeaas 81 ms sLaoe
son. am willing. then, to stand condemned before
the public the facts of this case II sustained oY
AS yon say, Judge Hughes, in his opinion, says !:
1t Is asserted in the peadn9s that the interest pnr
chased by me was of the value of 100000 Irue'
but lie does not say 1t was fact proved LII the cause
There is not In the whole record part!ce OF proof
that 1t Is worth the fifty dollars paid for It Ana 90
not know that 4. Is worth nve cGTIS tuuccui
the counsel on the other side his argument Of fhe
case before the court said 1t would be worth TO
me five cents If the sale WAS allowed to stand rms rs
In substance all that was decided by the court; ana
the principle thus decided with reference to judicial
sales In that is Of very great moment 70 Ihe
did think of the extraordinary" purchase that Is
now said to have been made, that After TIE pur.
chase on two occasions offered to share the CONTRACT
with two lawyers IL they would pay ME one half OF
what had paid. Both of them, though they were
willing to share In the contract, never paid the ha
Had they done so they would hay been half owner.
Resrertf1lly. - L. r. SPILMAS. .
Ami IL iS76 ap 20-lt