Beach Abstract & Guaranty Co. v. Bar Ass'n of Ark., 5-1789
Citation | 326 S.W.2d 900,230 Ark. 494 |
Decision Date | 27 April 1959 |
Docket Number | No. 5-1789,5-1789 |
Parties | BEACH ABSTRACT & GUARANTY CO. et al., Appellants, v. BAR ASSOCIATION OF ARKANSAS et al., Appellees. |
Court | Supreme Court of Arkansas |
Catlett & Henderson, Little Rock, for Beach Abstract & guaranty co.
Rose, Meek, House, Barron & Nash, Little Rock, for Little Rock Abstract Co.
Gentry & Gentry, Little Rock, John A. Fogleman, West Memphis, Eugene A. Matthews, Hot Springs, John H. Lookadoo, Arkadelphia, J. M. Smallwood, Russellville, Max B. Reid, Blytheville, Lamar Williamson, Monticello, of counsel.
Terrell Marshall, E. A. Henry, Little Rock, Joe C. Barrett, Jonesboro, for appellee.
This suit was instituted by appellee Bar Association of Arkansas, acting through its proper committee (joined by the local Bar Association of Pulaski County) praying a declaratory judgment holding that the conduct and procedure of appellants, Beach Abstract & Guaranty Co., et al., in certain enumerated instances are unlawful and constitute unauthorized practice of law.
After hearing testimony relative to certain activities on the part of the appellants alleged to constitute unlawful practice, the Chancellor sustained appellees' contentions and in addition to rendering a declaratory judgment against appellants, the court also enjoined them from further engaging in such alleged unauthorized practice. From this decision comes this appeal.
The appellants have set out four separate and distinct grounds upon which they rely for a reversal. However, in view of the disposition which we hereafter make of this case, we deem it unnecessary to discuss these points separately or in detail.
The facts are substantially undisputed. The trial court's exceptionally well written findings of facts are as follows:
'The defendant companies, and each of them, acting by and through persons employed by them, in connection with the conduct of their several businesses and in connection with transactions in which the said companies, as such, have no direct interest, have been and are regularly and continuously drafting some or all of the instruments and performing some or all of the functions for their numerous clients, patrons and customers as hereinafter enumerated, to wit:
'(a) Drafting and preparation of warranty deeds, disclaimer deeds and quitclaim deeds.
'(b) Drafting and preparation of promissory notes, real estate mortgages, real estate purchase contracts and related instruments.
'(c) Drafting and preparation of forms of agreement for the sale of real estate, chattels, and choses in action.
'(d) Drafting and preparation of mortgages and pledges of personal property.
'(e) Drafting and preparation of forms of conveyances naming husband and wife as grantees.
'(f) Drafting and preparation of bills of assurance, dedication instruments, and tract and sub-division restrictions.
'(g) Drafting and preparation of escrow instructions, setting forth agreements between buyers and sellers, and the rights and liabilities of buyers and sellers.
'(h) Drafting and preparation of affidavits of completion of improvements, affidavits of marital status and heirship, and various and sundry additional forms of affidavits and other instruments to remove clouds and perfect titles.
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