77 So. 731 | Ala. | 1918
The amended bill, filed by Forney Todd's regular guardian against the appellee, Ward, seeks the cancellation of a conveyance executed to Forney Todd by appellee and his wife on the 5th day of October, 1906, and a money decree for $550 and interest against appellee. Ward was Todd's attorney in the transaction which produced the sum for which the personal judgment is sought. The theory of the bill, and the relief it seeks, presuppose the validity of the transaction between the Moores and Todd while represented by Ward; and hence, aside from the evidential value of the facts and circumstances relating to that transaction, for their bearing upon the issue of Todd's mental capacity on October 5, 1906, the matter of that contracting, between Todd and the Moores, is not a factor in this inquiry.
The bill, as amended February 3, 1916, alleged that Todd was a person of "unsound mind" when Ward executed to him the deed in question. "Unsound mind" is a phrase of somewhat elastic significance. See Porter v. State,
The fact that, on inquisition in the probate court, Todd was found to be of unsound mind approximately three months after the transaction was consummated was without legitimate influence upon the issues tendered and contested in this cause; it being a purely ex parte proceeding and had subsequent to the creation of the rights of contract brought under consideration by this bill. Frederic v. Wilkins,
The attorney's fee retained by Ward and Z. T. Rudolph was a fee growing out of the contract of professional employment created by a writing signed by Todd. The sum thus retained was less than that stipulated in the contract. The conveyance by Todd to Mrs. Moore — the contract thereby evidenced was upon a consideration of $550 — is not assailed, *207 on the contrary, is relied upon by the complainant as the source of the funds here sought to be recovered. It cannot be affirmed on this record that the written contract of employment of these attorneys was even voidable, or was fraudulent in any degree, or that the fee retained by these attorneys was excessive in amount.
The decree is not affected with error. It is affirmed.
Affirmed.
ANDERSON, C. J., and SOMERVILLE and GARDNER, JJ., concur.