De Ramus v. De Ramus
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County ; B. K. McMorris, Judge. Bill by E. E. De Ramus against W. M. De Ramus and others for a sale for division of the proceeds of land jointly owned. From so much of the decree as fixed the amount of the solicitor’s fee payable out of the fund, defendants appeal.
Read the full summary
Appeal from Circuit Court, Autauga County ; B. K. McMorris, Judge. Bill by E. E. De Ramus against W. M. De Ramus and others for a sale for division of the proceeds of land jointly owned. From so much of the decree as fixed the amount of the solicitor’s fee payable out of the fund, defendants appeal. After taking the testimony which included evidence as to services of counsel in litigated questions of title in dispute between said tenants in common and other matters, not germane to the bill for sale for division, the register found and allowed the sum of $300. To this finding, respondents…
1Opinion of the CourtMcCLELLAN, J.
This appeal brings up for review the phase of a final decree — on a bill by a tenant in common, praying a sale for division of the proceeds of land jointly owned (De Ramus v. De Ramus, 85 South. 397 1 ) — where a solicitor’s fee was fixed by the court in exercise of the power recognized or conferred by Code, §§ 3010, 5219. The amount of the fee is the only subject of controversy. Construing these statutes, this court has held that the allowance out of the common fund must be, can only be, predicated of the reasonable, fair value of legal services rendered for and inuring to the benefit of the…
2Cases cited4 opinions
- Wilks v. WilksSupreme Court of Alabama · 1912
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Deramus v. DeramusSupreme Court of Alabama · 1920
- Butler v. FullerSupreme Court of Alabama · 1920
3Cited by13 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- Coker v. CokerSupreme Court of Alabama · 1922
- Keith & Wilkinson v. ForsytheSupreme Court of Alabama · 1933
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
- Wood v. BarnettSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.