United States Supreme Court Cases & Opinions

U.S. Supreme Court

Halliday v. Stuart, 151 U.S. 229 (1894)

Halliday v. Stuart

No. 25

Argued October 12, 1893

Decided January 8, 1894

151 U.S. 229

Syllabus

The attorneys of record on both sides, in a suit in equity to enforce a lien on real estate in which a decree for sale had been entered and an appeal taken without a supersedeas, made and signed a written agreement that the property might be sold under the decree pending the appeal, and that the money might be paid into court in place of the property, to abide the decision on the appeal. The property was sold under the decree, and the money was paid into court. Held that the agreement was one which the attorneys had power to make in the exercise of their general authority and as incidental to the management of the interests entrusted to them, and that the principals should not be permitted to disregard it to the injury of one who purchased in good faith at a judicial sale.

The case is stated in the opinion.

Page 151 U. S. 230