Enterprise Auto Co. v. Huey
Enterprise Auto Co. v. Huey
Opinion of the Court
The appellee, W. S. Huey, purchased of W., P. McSwain .business property in the town of Enterprise, then occupied by appellants as tenants of McSwain, and upon full payment of the purchase money Huey received a warranty deed to the premises from McSwain. N The appellants, through the original and amended bill, seek to impress this property with a trust to their benefit, and, in consequence, the divestiture bf title out of Huey and their investment therewith upon performing the acts of equity which the bill offers to do.
The basis of appellants’ assertion of right to this relief results, it is stated by them, from the breach by Huey, an attorney at law, of duties imposed upon him by the relation of attorney and client between him and appellants in respect of appellants’ then already entered upon arrangements and.negotiations for' the purchase by appellants of this property; the attorney, when so advised of appellants’ purposes and when engaged by them to investigate the title to the property, failing in his duty to inform appellants of his design to purchase it himself.
A careful consideration of the entire record does not justify this court in disturbing the conclusion prevailing below, particularly since there is, to say the least of it, the gravest doubt whether the relation of attorney and client ever existed between Huey and appellants with respect to the purchase of this property by appellants, or whether such relation with respect to this property was ever the subject of conference or negotiation between Huey and appellants, before Huey instituted, or before he completed, his purchase of the property. ■ And this conclusion would prevail whether the ¿flidavits, taken by both parties and referred to on the hearing for final decree, were given or denied consideration. In this state of uncertainty upon a vital feature of appellants’ claim to the relief sought, the trial court correctly denied relief.
Affirmed.
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