Farrington v. Harrison
| Decision Date | 21 April 1928 |
| Parties | FARRINGTON v. HARRISON et al. |
| Court | Florida Supreme Court |
Suit by Victoria B. Harrison against C. E. Farrington and others. From a final decree for the complainant, the named defendant appeals.
Reversed.
Syllabus by the Court
Findings of chancellor on evidence will not be disturbed, unless clearly erroneous; decree manifestly against weight of evidence or contrary to legal effect thereof should be reversed on appeal. The findings of a chancellor upon the evidence will not be disturbed, unless such findings are shown to be clearly erroneous; but, if a decree is manifestly against the weight of the evidence or contrary to the legal effect of the evidence, then it becomes the duty of the appellate court to reverse such decree.
Appeal from Circuit Court, Broward County; C. E Chillingworth, judge.
Thomas M. Lockhart, of Ft. Lauderdale, for appellant.
McCune Casey, Hiaasen & Fleming, of Ft. Lauderdale, for appellees.
This is an appeal from a final decree canceling and setting aside a warranty deed bearing date September 1, 1920, executed by the appellee, Victoria B. Harrison, as grantor, to appellant, C. E. Farrington, as grantee, recorded in Deed Book 22, at page 104, of the Public Records of Broward county, conveying lot 22 of block 26 of the town of Ft. Lauderdale. The bill of complaint was brought by Victoria B. Harrison, the grantor.
The basis for the relief sought by the bill and granted by the decree appealed from is that the execution of the deed in question was procured by the grantee fraudulently and in violation of the obligations and duties of the grantee arising from the relationship of attorney and client which existed between the parties at the time of the execution of the deed; the grantee being the attorney of the grantor. The grantee contends that the property in question was conveyed to him pursuant to a legitimate agreement with his client, the grantor, as part of his remuneration for services performed, and that there was no abuse of the existing confidential relation.
We are mindful of the rule which subjects transactions of this nature, when questioned, to the closest scrutiny of the courts, particularly courts of equity, and of the burden to be borne by the attorney in sustaining such transaction. Bolles v. O'Brien, 63 Fla. 342, 59 So. 133; Williams v. Bailey, 69 Fla. 225, 67 So. 877.
We also bear in mind the oft-reiterated rule that, while the findings of the chancellor on the facts where the evidence is heard by him, and the witnesses are before him, are entitled to more weight in the appellate court than where such findings are made in a cause where the testimony was not taken before the chancellor, yet in either case the chancellor's findings should not be disturbed by an appellate court unless shown to be clearly erroneous. Sandlin v. Hunter Co., 70 Fla. 514, 70 So. 553; Travis v. Travis, 81 Fla. 309, 87 So. 762; Lucas v. Wade, 43 Fla. 419, 31 So. 231.
On the other hand, where a decree is manifestly against the weight of the evidence, or contrary to, and unsupported by, the legal effect of the evidence, then it becomes the...
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Markell v. Hilpert
... ... not been made to appear that the lower court abused its ... discretion in so holding. See Farrington v ... Harrison, 95 Fla. 769, 116 So. 497. The lower court, as ... shown by the record, considered fully the testimony of ... attorney Dickinson, ... ...
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Gardiner v. Goertner
...Limited, 100 Fla. 257, 129 So. 773; Creel v. Abernathy (Fla.) 136 So. 229; Jordan v. Jordan, 100 Fla. 1586, 132 So. 466; Farrington v. Harrison, 95 Fla. 769, 116 So. 497; Cramer v. Eichelberger, 96 Fla. 683, 118 So. Shipley-Young Co. v. Young, 97 Fla. 46, 119 So. 522; Weaver-Loughridge Lumb......
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Beach v. Kirk
... ... disturbed on appeal or review in this Court, unless the said ... findings are clearly erroneous. See Farrington v ... Harrison, 95 Fla. 769, 116 So. 497; Atlantic Bank, ... etc., Co. v. Sengstak, 95 Fla. 606, 116 So. 267; ... Mock v. Thompson, 58 Fla ... ...
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Okeechobee County v. Florida Nat. Bank of Jacksonville
... ... findings of a Chancellor on appeal will not be interfered ... [145 Fla. 522] with unless clearly shown to be erroneous. See ... Farrington v. Harrison, 95 Fla. 769, 116 So. 497; Atlantic ... Bank, etc., Co. v. Sengstak, 95 Fla. 606, 116 So. 267; Mock ... v. Thompson, 58 Fla. 477, 50 ... ...