15 Tenn. 30 | Tenn. | 1834
delivered the opinion of the court.
The facts disclosed in the answer of Mynatt, consti-tuté the only ground upon, which this court can decree for the complainant; it will therefore be useful to recapitulate the most prominent of them. From the statements of the answer, it appears that a bill had been filed by the distributees of the estate of John Harrison, deceased, against Rose, the present complainant, and Mrs. Harrison, (of whom he had purchased,) for their distributive shares of the negro man Nathan, whom they alleged had not been divided. Rose employed Mynatt as his lawyer in the case, and as a fee, agreed to give him the boy Daniel, on condition he succeeded; but in the event he failed of success in the suit, he was to have nothing. This was on the 18th of December, 1830. In a few days afterwards, and. when the bond and security for the forthcoming of Nathan was to be executed, Mynatt sent for Rose, and told him he must change the contract; that he would not be security for the forthcoming of Nathan unless he, Rose, would execute an absolute bill of sale for Daniel for the fee; that he would not attend as his counsel upon an uncertain fee, and be security also that Nathan should be forthcoming. Upon this declaration of Mynatt, Rose executed the absolute bill of sale required,, for the boy Daniel; and this too although Nathan was in Veal's hands, standing as security for his forthcoming.
The question arises, whether, upon this statement of the answer, this contract can stand? When it was made, the parties were not on equal terms. Before this, My-natt had been employed as a lawyer by Rose, and when this contract was made, the relation of attorney and client existed. The first engagement of Mynatt in the case was on the 18th of December, and the bill of sale was executed on the 25th of' that month. The subject matter of the controversy was for something less than the
But it is said the court cannot decree in this cause, because the bill is not framed with a view to the aspect of the case as we have considered it. It is true, that the case made in the bill is entirely different from the one we have discussed, as being presented in the answer; and it is much to be regretted that the bill was not a* mended upon the Chancellor’s suggestion, so as to em
We are all of opinion, therefore, that in the statement of the, answer, a case is made demanding the interposition of the court to relieve the complainant, and that notwithstanding the case stated in the bill is different, and is unsupported by the proof, we are authorized to decree upon the answer.
We are therefore of opinion that the decree be reversed, that the contract by which Mynatt engaged to defend any suit hereafter to be brought, and the bill of sale for Daniel be cancelled, and that the defendant, Mynatt, deliver up to the complainant the said negro Daniel upon the payment of fifty dollars for a fee in said cause, but that until said payment be made, the said negro Daniel stand as security for the fifty dollars, and that the. complainant pay the costs of the chancery court, and the defendant the costs of the appeal.
Decree reversed.