Legal Opinion

Dent v. Foy

Supreme Court of Alabama

Decided June 7, 1923No. 6 Div. 885, 885-APublishedCited by 14 opinions

Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Fred H. Foy and others against Helen A. Dent and others. From the decree rendered, both parties appeal. The court may, in its discretion, allow solicitor’s fees to be paid from the proceeds of sale, for service rendered for the benefit of all.

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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Fred H. Foy and others against Helen A. Dent and others. From the decree rendered, both parties appeal. The court may, in its discretion, allow solicitor’s fees to be paid from the proceeds of sale, for service rendered for the benefit of all. De Ramus v. De Ramus, 205 Ala. 219, 87 South. 354; Bidwell v. Johnson, 191 Ala. 195, 67 South. 985. This court will, if it sees fit to allow a fee, fix it at a reasonable amount, regardless of the testimony -of witnesses. Citizens’ Co. v. Central Co., 200 Ala. 18, 75 South. 330;…

1Opinion of the Court

Complainants in the court below, appellees here, filed this bill seeking the sale of certain real estate situated in Birmingham, Ala., for division among the joint owners thereof. The property was sold pursuant to final decree rendered in the cause for the sum of $65,000. A reference was held for the purpose of ascertaining a reasonable attorney's fee to be allowed counsel for complainant for services rendered in the prosecution of the suit, resulting in a report by the register fixing the fee at $2,000. To this report complainants and respondents filed exceptions; complainants insisting that…

2Cases cited7 opinions

  1. Bidwell v. JohnsonSupreme Court of Alabama · 1915
  2. Dent v. FoySupreme Court of Alabama · 1921
  3. Flomerfelt v. SiglinSupreme Court of Alabama · 1908
  4. Musgrove v. AldridgeSupreme Court of Alabama · 1920
  5. De Ramus v. De RamusSupreme Court of Alabama · 1921

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Dent v. FoySupreme Court of Alabama · 1925
  2. Frazer v. First Nat. Bank of MobileSupreme Court of Alabama · 1938
  3. Phillips v. PhillipsSupreme Court of Alabama · 1930
  4. Hughes v. HughesCourt of Civil Appeals of Alabama · 1978
  5. Lewis v. WilkinsonSupreme Court of Alabama · 1939

9 more not listed; retrieve them via the Exa API.

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