Hinson v. Gamble
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before tbe Hon. John A. Foster. The. bill in this case was filed on tbe 9th October, 1879, by Gamble & Bolling, attorneys-at-law, suing as partners, against Mrs. Elizabeth Hinson and ber husband, John E. Hinson ; and sought to condemn by process of garnishment against Conrad Wall, who was also made a defendant, a debt clue from Mm to Mrs. Hinson for tbe purchase-money of a tract of land, which had belonged to Mrs. Hinson’s…
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Appeal from the Chancery Court of Butler. Heard before tbe Hon. John A. Foster. The. bill in this case was filed on tbe 9th October, 1879, by Gamble & Bolling, attorneys-at-law, suing as partners, against Mrs. Elizabeth Hinson and ber husband, John E. Hinson ; and sought to condemn by process of garnishment against Conrad Wall, who was also made a defendant, a debt clue from Mm to Mrs. Hinson for tbe purchase-money of a tract of land, which had belonged to Mrs. Hinson’s statutory separate estate; and to subject it, or so much thereof as might be necessary, to the satisfaction of a claim for-…
1Opinion of the CourtStone, J.
— An attorney, defending successfully the right and title to a tract of land, against an unjust claim, or unwarranted attempt to subject it to an alleged lien or liability, can not assert a lien on the land thus successfully defended, for his lawful fees and charges. — 1 Wait’s Actions cfc Defenses, 453-4 ; 2 Story’s Eq., § 1233 a; Warfield v. Campbell, 38 Ala. 527; 2 Kent’s Com., 640-41.
Until March 1st, 1881, professional services rendered by an attorney-at law, in defending the title to statutory separate property of a married woman, did not fasten a charge upon her statutory estate, under…
2Cases cited6 opinions
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Janney v. BuellSupreme Court of Alabama · 1876
- O'Connor v. ChamberlainSupreme Court of Alabama · 1877
- Cauly v. BlueSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- McWilliams v. JenkinsSupreme Court of Alabama · 1882
- Hale v. TysonSupreme Court of Alabama · 1918
- Hershy v. DuVal & CravensSupreme Court of Arkansas · 1885
- Higley v. WhiteSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.