In Re Alameda County Bar Ass'n

THE COURT.

This is a proceeding for the disbarment of E. Huffaker, an attorney at law, upon the application of the Alameda Bar Association.

The charge upon which the accusation is founded recites that the accused, while acting as attorney for one John Gray, was guilty of unprofessional conduct involving moral turpitude and dishonesty. The facts as alleged in the accusation may be stated in substance as follows:

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The accused was employed by Gray as an attorney to represent him in certain litigation in which Gray was involved, and that during the course of the employment Gray deeded to the accused certain real property to be held in trust by him for the purpose of disposing of the same and turning the proceeds over to said Gray. Subsequently Gray was convicted of a felony and sentenced to the state penitentiary. That during the time he was serving his term Huffaker fraudulently and unlawfully, and without the knowledge or consent of Gray, mortgaged the property so conveyed to him in trust for the sum of one thousand eight hundred dollars and converted the same to his own use. That thereafter Gray commenced an action for the recovery of this amount, in which action it was determined that Gray was indebted to Huffaker for legal services rendered in the sum of $1,247.15, and that $284 had been paid thereon, leaving a balance due from Gray to Huffaker on account of such services in the sum of $963.15, and judgment was thereupon rendered in favor of Gray for a balance of $832. No motion for a new trial was ever made in this action and no appeal taken from this judgment. Upon the rendition of the judgment Huffaker deeded all his property to his wife, and filed a petition in bankruptcy, and listed the said judgment in favor of Gray as his only debt, for the purpose, it is alleged, of defeating the same.

It further appears from the accusation that a portion of the sum of one thousand eight hundred dollars so obtained by Huffaker was delivered to Jennie B. Huffaker, his wife, which portion was used by her to satisfy a mortgage existing against property owned by her.

Thereafter Gray brought a second action against both Huffaker and his wife,- in which action the trial court found that Huffaker had wrongfully received the sum of $836.35 from Gray, and that said sum was used for liquidating an indebtedness upon property belonging to his wife, and rendered judgment against the Huffakers in said amount.