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38 Ark. 385

Lane v. Hallum

Supreme Court of Arkansas

Decided May 15, 1882

Supreme Court of Arkansas · decided 1882-05-15

Hon. J. W. Martin, Circuit Judge. STATEMENT. In February, 1879, Hallum & England, partners in the practice of law, filed in the Lonoke Circuit Court their complaint in equity against Lane, alleging that as practising attorneys of said court, they had, at the employment of Lane, instituted and prosecuted a suit in equity for him in said court, against one Everett, for the recovery of a certain tract of land in said county, (which they described) and for rents ; and that they…

Cited by 3 later decisions — most recently July 1922

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1882-05-15

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Harrison, J.

¶1By an express provision of the Statute an ^attorney has a lien upon and an interest in a judgment which he may have recovered in a court of record for his client, .and which lien, when the judgment is for the recovery of real or personal property, amounts to an interest to the extent of it in the property so recovered. Gantt’s Dig., secs. 3622, 3624.

¶2The right of the appellees to resort to a court of equity to enforce their lien was, we think, unquestionable. Gist v. Hanley, 33 Ark., 233.

¶3There was no evidence that when Field purchased the land at the sale, under his executiou, through the appellee, Hallum, as his agent, he had then been told by the appellees that their lien was for onty$80, as averred in his answer, or that be was in any way deceived or mistaken as to the amount of it. Nor does it appear that their statements afterwards to him concerning it, in anywise so influenced his action in the matter as to estop them from claiming any more than that amount.

¶4The finding of the court as to the amount due the appellees was warranted by the agreed statement of facts or evidence in the case.

¶5If Lane should fail to pay the plaintiffs the sum found by the decree to be due, and Field should pay the same, or the land be sold under the decree, he would, as a matter of course be entitled to be subrogated to their right, and to an execution upon the decree against Lane,

¶6The decree is affirmed.

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