Butler v. Givens

CourtSupreme Court of Tennessee
Citation193 S.W. 1063
PartiesBUTLER et al. v. GIVENS et al.
Decision Date31 March 1917
193 S.W. 1063
BUTLER et al.
GIVENS et al.
Supreme Court of Tennessee.
March 31, 1917.

Appeal from Chancery Court, Jackson County; A. H. Roberts, Chancellor.

Suit by M. G. Butler and others against J. R. Givens and others. Decree for defendants, and plaintiffs appeal. On motion by solicitors for the declaration of a lien for services on client's land. Motion disallowed.

M. G. Butler, Jno. J. Gore, and P. J. Anderson, all of Gainesboro, for Butler. D. B. Johnson, of Gainesboro, for appellees.


Is the solicitor of a defendant, whose efforts have been successful in defending his client's land against attack, entitled to have a lien for the services fixed on the land?

It was held in Garner v. Garner, 1 Lea (69 Tenn.) 29, that in the absence of a contract therefor the solicitor cannot have a lien declared by the court on realty defended and not recovered.

In support of their motion for the declaration of a lien, the solicitors cite Hill v. Ford, 3 Tenn. Cas. 531, 537. That case, which would support the application, was decided in 1875, while Garner v. Garner was decided in 1878.

Some confusion exists as to the rule on this point, judging from the number of motions made in such circumstances. This misunderstanding may be due to the fact that the publication of the decision in Hill v. Ford followed the reporting of Garner v. Garner. The rule announced in the latter case is the law in this state, as well as elsewhere. 6 C. J. 781. Motion disallowed.

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3 cases
  • Prudential Ins. Co. Of Am. v. Byrd, s. 12701, 12737.
    • United States
    • Supreme Court of Georgia
    • July 17, 1939
    ......619, 119 So. 833; Owens v. Gunther, 75 Ark. 37, 86 S.W. 851, 5 Ann. Cas. 130; Avey v. Via, 225 Ky. 155, 7 S. W.2d 1057; Butler v. Givens, 137 Tenn. 438, 193 S.W. 1063; Morey v. Schuster, 159 App.Div. 602, 145 N.Y.S. 258, affirmed 217 N.Y. 639, 112 N.E. 1066; Elliott v. ......
  • John Weis, Inc. v. Reed
    • United States
    • Supreme Court of Tennessee
    • February 19, 1938
    ......Butler v. Givens, 137 Tenn. 438, 193 S.W. 1063; Garner v. Garner, 69 Tenn. 29, 1 Lea 29.         "The charging lien of an attorney may be restricted ......
  • Judd's Inc. v. Muir, 99-01836
    • United States
    • Court of Appeals of Tennessee
    • November 16, 2000
    ...a different result might have resulted. Two cases have been decided since the statute in question was enacted. In Butler v. Givens, 193 S.W. 1063 (Tenn.1917), the Court held that "in the absence of a contract, therefore, the solicitor cannot have a lien declared by the Court on realty defen......

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