Butler v. Fuller
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Bill by Asa B. Puller and others, individually and as executors, against R. E. Butler and another, for the sale of surface rights for division among joint owners. Prom decree granting relief, respondents appeal.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Bill by Asa B. Puller and others, individually and as executors, against R. E. Butler and another, for the sale of surface rights for division among joint owners. Prom decree granting relief, respondents appeal. Appellees filed the bill in this cause against the appellants, seeking a sale of the, surface rights in 100 acres of land and the mineral rights in 440 acres situated in Cullman conn-1 ty for division among the parties to the suit as tenants in common. The complainants owned a one-third interest in the property, and the two…
1Opinion of the CourtGardner, J.
Appellants seek a reversal of the decree of the court below only upon the question of the excessiveness of the fee allowed for complainants’ solicitor. It is insisted that, while the evidence of the attorneys testifying in the cause is without dispute, the fee allowed was a reasonable and proper sum as customarily charged for services of such nature, yet this was not binding upon the court, citing Lee v. Lomax, 219 Ill. 218, 76 N. E. 377; Dinkelspiel v. Pons, 119 La. 236, 43 South. 1018; Lilly v. Robinson, 106 Ark. 571, 153 S. W. 820, and a vigorous attack is made in argument here presented…
2Cases cited4 opinions
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Dinkelspiel v. PonsSupreme Court of Louisiana · 1907
- Lilly v. Robinson Mercantile Co.Supreme Court of Arkansas · 1913
- Lee v. LomaxIllinois Supreme Court · 1905
3Cited by8 opinions
- Dent v. FoySupreme Court of Alabama · 1925
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
- Dent v. FoySupreme Court of Alabama · 1923
- De Ramus v. De RamusSupreme Court of Alabama · 1921
- Graham v. GrahamSupreme Court of Alabama · 1922
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