Martin v. Harrington
Mississippi Supreme Court
Appeal from the Chancery Court of Chickasaw County. Hon. L. Haughton, Chancellor. The appellants, who were retained to bring an action of ejectment, for a fee payable on success, filed this bill in chancery to enforce a lien on the land which had been recovered. The only error assigned is the final decree sustaining the appellees’ demurrer and dismissing the bill.
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Appeal from the Chancery Court of Chickasaw County. Hon. L. Haughton, Chancellor. The appellants, who were retained to bring an action of ejectment, for a fee payable on success, filed this bill in chancery to enforce a lien on the land which had been recovered. The only error assigned is the final decree sustaining the appellees’ demurrer and dismissing the bill. The principle applicable to this case is well defined in Stewart v. Flowers, 44 Miss. 518. Although that case failed to come within the rule, this one meets all the requirements. The lien attaches to the judgment and its fruits,…
1Opinion of the CourtGeorge, C. J.
The question presented by this record for our decision is whether an attorney who has recovered land for his client in an action of ejectment, is entitled to a lien thereon for the payment of his fee. The complainants in the bill filed to enforce *209this alleged lien, who are appellants hére, rely solely upon the case of Stewart v. Flowers, 44 Miss. 518, as the authority for the relief which they ask. In that ease, the opinion of the court, drawn up by Mr. Justice Tarbell, is marked by great research into the authorities on the.subject of the liens of attorneys for their costs and fees. Many…
2Cases cited5 opinions
- Humphrey v. BrowningIllinois Supreme Court · 1868
- Stewart v. FlowersMississippi Supreme Court · 1870
- Smalley v. ClarkSupreme Court of Vermont · 1850
- Hanger v. FowlerSupreme Court of Arkansas · 1859
- Gothard v. FlynnMississippi Supreme Court · 1852
3Cited by8 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Webster v. SweatCourt of Appeals for the Fifth Circuit · 1933
- Keehn v. KeehnSupreme Court of Iowa · 1902
- Hale v. TysonSupreme Court of Alabama · 1918
- Holmes v. WaymireSupreme Court of Kansas · 1906
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