Morgan v. Brown

This is a suit for attorney’s fees, alleged to have been earned under a special contract.

The defendant denies that he employed the plaintiff.

The proof is that the defendant gave to one JDempsy P. Gain a power of attorney, “to sue or otherwise collect all his claims” against the estate of one Witherspoon, and agreed to divide the proceeds with him. This power of attorney implied the power to employ counsel and to stipulate fees to he paid out of the proceeds of the claims.

Cain, in pursuance of this mandate, employed J. M. Elam as an attorney to investigate the claims. He resided in Baton…