Scott v. Kirtley

(dissenting). — This is an appeal from an order overruling a motion to dismis's a bill of complaint by which an attorney at law sought to establish an equitable lien upon lands which he had procured to be set off to his client, a widow, as a child’s part in the estate of her deceased husband, under an agreement with the widow that the complainant “would of necessity have to be paid * * * out of, and from any and all property obtained by defendant (the widow) from the services of the plaintiff in securing said child’s part.”

There was no agreement between the parties as to the amount which the…