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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 209   View pdf image (33K)
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HANNAH K. CHASE'S CASE.—1 BLAND. 209

it to have been so considered at that time; for they say, in their
answer, that, as they have been advised, the plaintiff's acknow-
ledgment of the lease to Bryden did not operate as a bar of her

* dower; but merely as a suspension of execution during the
term; and that the right to dower might have been deter- 222
mined in those suits. But these defendants, not satisfied with
telling us of the advice they had obtained, as to this apparent
difficulty, have drawn forth that which was given to the plaintiff
upon the same subject.

The policy of the law does not permit a solicitor to divulge the
secrets of his client. Such confidential communications are not to
be revealed at any period of time, either before or after the suit
has been brought to an end, or in any other suit; for, as to all such
matters his mouth is shut for ever. Vaillant v. Dodemead, 2 Atk.
524; Sandford v. Remington, 2 Ves. Jun. 189; Eicharda v. Jack-
sow, 18 Ves. 472; Parkhurst v. Lowten, 3 Mad. 121; Arnot v. Sis-
coe, 1 Ves. 95; Wilson v. Rastall, 4 T. R. 753; Bill N. P. 284. A
solicitor may refuse to act further for his client, but he cannot go
over to the opposite party. Cliohnondeley v. Clinton, 19 Yea. 272.
But this obligation of secrecy is the privilege of the client, not the
in competency of the solicitor. In this case, the defendants have
called on the plaintiff's solicitors to tell of their advice and opinions
to their client; and the plaintiff has not objected. She has waived
her privilege. Hence her solicitors are legal and competent wit-
nesses. It appears by their depositions, that their recollection of
facts and occurrences which happened at the time of the agree-
ment, about the two former dower suits, is very obscure and gene-
ral. But there is no ambiguity in their letter of the 28th of Sep-
tember, 1816.

Their advice respecting this estate called the Fountain Inn. is
remarkable; it is expressed in these words:—" We are of opinion
you have no title of dower during Bryden's lease; having relin-
quished your dower therein during said lease, which will expire in
1821. Whether upon the termination of said lease, you will be
entitled to dower, is a question of some difficulty; and, perhaps,
can only be solved by some further proof in point of fact relative
to the nature and effect of the contract between the late Judge
Chase and Bryden." And, after some further observations as to
this contract, they say:—" We do not think, that this difficulty
should prevent a settlement as to the residue of the property in
which dower is asserted; in relation to which, we have reason to
believe, no opposition will be made to your claim. If, before the
lapse of five years, the question, as to Bryden's property, should
not be settled, the question between you will be narrowed down to
a single point, in the adjustment of which we suppose no great

* difficulty can take place." After the receipt of this advice
the plaintiff signed the agreement S. M.
14 1B.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 209   View pdf image (33K)
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