Public-domain · open source
OpenJurist

202 F.2d 213

Docket No. 11385.

America v. Sheehan

District of Columbia Circuit Court of Appeals

Argued Nov. 17, 1952.

Decided Jan. 15, 1953.

District of Columbia Circuit Court of Appeals · decided 1953-01-15

Cited by 1 later decisions — most recently January 1953

1 federal appellate ·

2 counsel of record

Relies on Pacific Railroad v. Ketchum · Littleton v. Kincaid

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-01-15

View the full empirical analysis of this case →

¶1David S. Allshonse, Washington, D. C., for appellant.

¶2Leo A. Rover, Washington, D. C., with whom Howard Boyd, Clarence G. Pechacek and Landon G. Dowdey, Washington, D. C., were on the brief, for appellees.

¶3Before EDGERTON, CLARK and BAZELON, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal from an unsuccessful suit to impress a trust upon certain real estate. Mrs. America’s complaint charged that appellee, as her attorney, acquired this property1 at a sale foreclosing her and her husband’s interest as tenants by entireties; and that the acquisition was pursuant to an oral agreement to convey the property to her upon demand and payment of the purchase price. The trial court found, inter alia, that the attorney (1) purchased the property for his own account, (2) made no promise or representations to his client that he was buying the property for her account, and (3) did not fail to disclose anything within his knowledge which should have been made known to his client.

¶6Being a jealous mistress, the law scrutinizes with extreme care any charge of infidelity in the attorney-client relationship. Even slightly suspicious circumstances can only be relieved by an assurance resulting from the closest scrutiny.2 It is in this context that we examine the record on appeal.

¶7The evidence offered by the parties was in serious conflict. Resolution of this conflict rested upon the trial court’s appraisal of credibility. It clearly appears from the record that there was the soundest reason for the appraisal made, and that the evidence was weighed with jealous care. Since we think there is ample evidence to support its findings, the judgment of the District Court must be

¶8Affirmed.

/202/f2d/213 · .json · Public domain