Harper v. Harvey.

• Decision Date: 31 January 1871
• Court: West Virginia Supreme Court
• Parties: Adam Harper, adm'r, v. Henry D. Harvey et al.

4 W.Va. 539

Adam Harper, adm'r,

v.Henry D. Harvey et al.

Supreme Court of Appeals of West Virginia.

January Term, 1871.

1. The payment of a judgment or decree to an attorney of record, who obtained it, before his authority is revoked and due notice of such revocation given to the defendant, is valid and binding on the plaintiff so far as the defendant is concerned. But it must be a payment of money, or if not a payment of money, it must be accepted by the plaintiff in lieu of money, or the attorney must have authority to receive it.

2. The payment of confederate states treasury notes made to the attorney, without the authority of the plaintiff to receive them, was not a payment in money that would satisfy a judgment or decree against the defendant.

3. The relation of attorney and client ceased, or was suspended, when the former went into the lines of the confederate states, and no payment to him would be good.

The complainants filed their bill in the circuit court of Tucker county, in August, 1859, to enforce judgment liens against the defendant, William J. Harper. By consent the cause was transferred to Randolph county, and a decree was rendered in November, 1859, providing for a sale of the lands of the defendant. A portion of the lands were sold, and the defendant became the purchaser, but no part of the purchase money was ever paid.

In January, 1867, Harper having deceased, a scire facias was issued against Adam Harper, his administrator, to revive the decree. The administrator answered that his decedent had paid the amounts of the judgments respec- lively decreed, to David Goff, the attorney for the complainants who had obtained the decree, on the 13th day of October, 1863.

A special replication averred that at the date of the alleged payment, Goff was not the attorney of the complainants, and had no right to receive it; that Goff was then in the army of the confederate states, and the complainants were loyal citizens within the lines of the armies of the United States, and therefore the relation of attorney and client could not exist; also, that if any money or other thing was paid to Goff, it was confederate money or scrip, which was in fact not money, and therefore the defendant was entitled to no credit therefor.

The proof taken in the cause showed that the payments were made to Goff, inside the confederate lines, in confederate treasury notes, and that Goff never paid any part thereof to the complainants.

The court below revived the decree, and ordered the collection of the bonds given by the decedent for the purchase money on the lands.

The administrator appealed to this court.

Hon. Thomas W. Harrison, judge of the circuit court of Randolph county, presided on the hearing of the cause.

8. Dayton for the appellant.

G. D, Camden for the appellees.

Maxwell, J. The complainants filed their bill against William J. Harper, to enforce certain judgments which they had obtained against the said Harper. A decree was rendered establishing the priorities of the judgments of the respective judgment creditors, and providing for the sale of the land of the defendant for the payment thereof, under which decree a portion, but not all of his land, was sold, at which sale he became the purchaser thereof, but no part...