Avey v. Via

• Court: Court of Appeals of Kentucky
• Citation: 7 S.W.2d 1057,225 Ky. 155
• Parties: AVEY ET AL. v. VIA.
• Decision Date: 19 June 1928

7 S.W.2d 1057

225 Ky. 155

AVEY ET AL.
v.
VIA.

Court of Appeals of Kentucky

June 19, 1928

Appeal from Circuit Court, Hickman County.

Action by J. D. Via against W. S. and W. T. Avey and others, in which defendants named answered and filed a cross-petition. From an adverse judgment, named defendants appeal. Reversed and remanded. [7 S.W.2d 1058]

J. M. Brummal, of Clinton, for appellants.

F. B. Martin, of Mayfield, for appellee.

McCANDLESS, J.

On the ______ day of April, 1922, Mrs. Ludie M. Larue executed a deed to Mrs. Lillie May Williams for 500 acres of land on Wolf Island in the Mississippi river. Later R. W. Gray as committee for Mrs. Larue, sued Lillie May Williams and her husband to set that deed aside on the grounds of mental incapacity of the vendor, and that its execution was procured by fraud and undue influence. The defendants employed J. D. Via to defend the suit, and executed the following written contract:

"This is to certify that I have this day employed J. D. Via to represent me in a lawsuit now pending in the Hickman circuit court wherein R. W. Gray, committee for Mrs. Ludah M. Larue, has sued Lillie May Williams to set aside a deed made to the said Lillie May Williams in said court. And I agree to pay the said J. D. Via, attorney a fee equal to 33 1/3 per cent. of the amount saved me in said suit, valuing the land at $10,000. We agree to pay the said J. D. Via as soon as the said suit is finally settled, and we agree to pay him this fee whether this suit is tried out to a final judgment or whether the same be compromised. S. B Williams, husband of the said Lillie May Williams joins in this contract. This April 13, 1923

Lillie May Williams.

S. B. Williams."

Mr. Via accepted the employment and successfully represented his clients in the circuit court and the Court of Appeals. Subsequent to which he defended the title for them in another action and was successful. After defendants' title to the land was confirmed, and on the 25th day of March, 1926, Mrs. Williams and her husband duly executed and acknowledged a mortgage on this land to W. T. and W. S. Avey to secure an indebtedness due them for merchandise furnished them during a period of years, and evidenced by several notes aggregating approximately $3,000, and which was duly recorded on the 10th day of April, 1926. Following that on the 24th of November, 1926, Mrs. Williams and her husband executed a note to Via for $3,933, the aggregate amount due for his services in the two lawsuits, and as security therefor executed and acknowledged a...