From Casetext: Smarter Legal Research

Albright v. W. D. Wood Lumber Co.

Supreme Court of Alabama
May 27, 1926
108 So. 738 (Ala. 1926)

Summary

In Albright v. W. D. Wood Lumber Co., 214 Ala. 636, 108 So. 738, this court noted the change in our statute since the case Hale v. Tyson, supra.

Summary of this case from Owens v. Bolt

Opinion

6 Div. 682.

May 27, 1926.

Appeal from Circuit Court, Jefferson County; W. M. Walker, Judge.

W. T. Edwards, of Birmingham, for appellant.

Counsel argues for error in the decree, and cites Code 1923, § 6262.

R. L. Norton, of Birmingham, for appellee.

Brief of counsel did not reach the Reporter.


Appellant performed services for appellee as an attorney in foreclosing a mortgage of land under a power of sale. Appellee became the purchaser at the foreclosure sale, and appellant prepared a deed vesting the foreclosure title in appellee. Then appellant filed the bill in this cause seeking to enforce a lien in his favor on the mortgage property (or its proceeds). The chancellor sustained a demurrer, and, being of opinion that the bill was incapable of amendment so as to give it equity, dismissed it at appellant's cost.

The lien of attorneys at law is declared in section 6262 of the Code of 1923. Such lien attaches to "all papers and money of their clients in their possession for services rendered to them, in reference thereto, and may retain such papers" or apply such money. The bill does not claim a lien of this character. Attorneys also have a lien "upon suits, judgments, and decrees for money," and "upon all suits for the recovery of real or personal property, and upon all judgments or decrees for the recovery of the same."

A mere general debt due to an attorney is not the foundation of a lien. Johnson v. Riddle, 204 Ala. 408, 85 So. 701; Hale v. Tyson, 202 Ala. 107, 79 So. 499; Jackson v. Clopton, 66 Ala. 29; Mosely v. Norman, 74 Ala. 422. The statute has been amended since the decision in Hale v. Tyson so as to create a lien upon suits for the recovery of real property and upon judgments or decrees for the recovery of land, but in the case made by the bill there was no suit for the recovery of real property. A foreclosure proceeding under a power of sale can by no means be considered a suit. In short, a reading of the statute is enough to make it clear that appellant has no lien. Nor can the bill be amended to aver a lien without an entire change of the facts, and, if that change be necessary, appellant should be required to file a new bill. The chancellor correctly dismissed appellant's bill, and his decree must be affirmed.

Affirmed.

ANDERSON, C. J., and GARDNER and MILLER, JJ., concur.


Summaries of

Albright v. W. D. Wood Lumber Co.

Supreme Court of Alabama
May 27, 1926
108 So. 738 (Ala. 1926)

In Albright v. W. D. Wood Lumber Co., 214 Ala. 636, 108 So. 738, this court noted the change in our statute since the case Hale v. Tyson, supra.

Summary of this case from Owens v. Bolt

In Albright v. W. D. Wood Lumber Co., 214 Ala. 636, 108 So. 738, the extension of the statute by amendment as to lien on real property recovered was noted, and observation made that "a mere general debt due to an attorney is not the foundation of a lien," and that "a foreclosure proceeding under a power of sale (in mortgage) can by no means be considered a suit" for the recovery of property, within the purview of that lien statute.

Summary of this case from Johnson v. Gerald
Case details for

Albright v. W. D. Wood Lumber Co.

Case Details

Full title:ALBRIGHT v. W. D. WOOD LUMBER CO

Court:Supreme Court of Alabama

Date published: May 27, 1926

Citations

108 So. 738 (Ala. 1926)
108 So. 738

Citing Cases

Owens v. Bolt

When a contract is made with an attorney to recover real estate, and suit is filed, the attorney has an…

King v. Acuff

The lien for attorney's fees is created by statute, and the statute provides no lien on real estate the title…