Opinion

McCullough v. Flournoy

  • 69 Ala. 189
Court
Supreme Court of Alabama
Filed
Dec 15, 1881
Status
Published
Author
Bbickell
On the bench
Bbickell
Cited by
5 cases
Authority
More cited than 70.5%

The opinion

BBICKELL, C. J.

The single question this case presents— whether a solicitor, successfully prosecuting a suit in equity to establish the title of his client to real estate, has a lien on the estate for his fees — was decided in Hinson v. Gamble, 65 Ala. 605 . The existence of such a lien is recognized in Tennessee, but it is repudiated in other States. — Hunt v. McClanahan, 1 Heisk. 503 ; Brown v. Bigley, 3 Tenn. Ch. 618; Humphrey *190 v. Browning, 48 Ill. 176; Smalley v. Clark, 22 Vermont, 598; Cozzens v. Whitney, 3 R. I. 79; Hanger v. Fowler, 20 Ark. 667 . It seems to us unwarranted by principle to extend the lien of an attorney or solicitor to lands, which have been the subject of .suit. There would be much of difficulty and confusion resulting from it, embarrassing alienation it is the policy of the law to unfetter.

The decree of the chancellor must be reversed, and a decree will be rendered, dismissing the bill, at the costs of the appellee in this court, and in the court of chancery.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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