Cahill v. Lyda

On Application for Writ of Error to the Court of Appeals for the Third District of Texas

In this cause, we determine that an attorney ad litem is entitled to recover reasonable attorney’s fees and expenses for representing unknown heirs on appeal. Marjorie Cahill (“Cahill”) sued the record owners and unknown heirs of a fifteen acre tract of land (“the Rhodes tract”) adjacent to her property to establish title by adverse possession. Service of citation was by publication and the trial court appointed an attorney ad litem to represent the unknown heirs. By agreement of the parties, a receiver…