Gibson v. Buckner
Supreme Court of Arkansas
Appeal from Chicot Chancery Court. James F. Robinson, Chancellor. STATEMENT BY THE COURT. Appellee brought suit against appellant for $125, the amount of an alleged fee for services rendered appellant as an attorney in a certain suit for partition in the Chicot chancery coui't, in which certain lands were allotted her.
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Appeal from Chicot Chancery Court. James F. Robinson, Chancellor. STATEMENT BY THE COURT. Appellee brought suit against appellant for $125, the amount of an alleged fee for services rendered appellant as an attorney in a certain suit for partition in the Chicot chancery coui't, in which certain lands were allotted her. The complaint describes the land allotted to appellant in the suit for partition, and alleges that appellee preserved a lien for his fee in said suit on the margin of the record of the decree therein rendered. It conclude with a prayer for judgment in the sum of $125, and that…
1Opinion of the Court
Wood, J.,
(after stating the facts.) An allotment of land ,in a suit for partition is not a recovery thereof, in the sense of section 4225 of Sand. & H. Dig., so as to entitle an attorney to a lien upon same for his fee. In speaking of this section, this court, in Hershy v. Duval, 47 Ark. 86, said: “It is limited to eases where there has been an actual recovery, and cannot be extended to professional services which merely protect an existing right or title to property.” Greer v. Ferguson, 56 Ark. 324.
It is stated, however, in brief of counsel for appellee, that in the proceedings for partition…
2Cases cited8 opinions
- State v. BowenSupreme Court of Kansas · 1876
- Porter, Taylor & Co. v. HansonSupreme Court of Arkansas · 1880
- Hershy v. DuVal & CravensSupreme Court of Arkansas · 1885
- Lake Merced Water Co. v. CowlesCalifornia Supreme Court · 1866
- Banks v. BurnamSupreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Murphy v. Citizens' BankSupreme Court of Arkansas · 1907
- Southern Farmers Assn., Inc. v. WyattSupreme Court of Arkansas · 1962
- Withaup v. United StatesCourt of Appeals for the Eighth Circuit · 1903
- Lownsdale v. Grays Harbor Boom Co.Washington Supreme Court · 1909
- Fassler v. StreitNebraska Supreme Court · 1913
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