E. B. Gaston, Son & Co. v. King

Citations

• 63 Miss. 326

Syllabus

<p>Attorney and Client. Purchase of land by former. T'ust m respect thereto. Enforcement thereof. Improvements and rents.</p> <p>K. sold a certain tract of land to one J. on a credit. M. was employed as attorney to foreclose the vendor’s lien thereon. He obtained a decree, the land was sold thereunder in 1869, and M. became the purchaser in his own name. The costs of suit were paid by M. in money, and the remainder of the price bid was credited on the decree. During the progress of the foreclosure suit, M. obtained a perpetual injunction against a certain judgment creditor of K., to prevent him from selling the land in question under his judgment. In 1881 M. wrote to K., who was a non-resident, telling him of the above steps taken by him in relation to the land, and stating that he bought it to prevent a sacrifice of it, and to secure the fees due him and advances made by him in paying court costs and redeeming the land from a sale for taxes, and he offered to convey the land to K. upon the payment by K. of the amount due him. In 1882, M. again wrote to K., offering either to convey or to purchase, and urging a settlement of some sort. But IC. neither accepted the terms nor offered any. In 1883 M., being financially pressed, conveyed this land to his creditor, G., whom he informed fully of the circumstances of the case, and M. reserved the right to repurchase for K. G. took possession, and made certain necessary repairs and improvements on the land. In 1884 K. filed a bill against M. and G. to have them declared trustees, and to compel them to account for the rents and profits. The Chancellor declared the defendants trustees, allowed M. a fee for services in enforcing the vendor’s lien, and the sums expended by him in court costs and taxes, but declined to allow him a fee for enjoining the execution, and refused to allow G. anything for repairs and improvements, but charged him and M. with a reasonable rental without regard to what was received by them. Held, that i