Miller v. Monroe, 5717

CourtUnited States State Supreme Court of Idaho
Writing for the CourtMCNAUGHTON, J.
Citation50 Idaho 726,300 P. 362
PartiesCLARENCE S. MILLER, Executor of the Will of LILLIE B. HESS, Deceased, Appellant, v. FINLEY MONROE, Respondent
Docket Number5717
Decision Date01 June 1931

300 P. 362

50 Idaho 726

CLARENCE S. MILLER, Executor of the Will of LILLIE B. HESS, Deceased, Appellant,
v.

FINLEY MONROE, Respondent

No. 5717

Supreme Court of Idaho

June 1, 1931


ATTORNEY AND CLIENT-ATTORNEY'S LIEN-LIMITATION OF ACTIONS.

1. Where attorney's lien was for services and fixed by decree foreclosing mortgage, objection that contract for services was within statute of frauds could not be sustained in action to quiet title against claimed lien.

2. At common law, attorney had retaining lien on papers pertaining to suit while in his possession and charging lien on judgment as against judgment creditor.

3. Statute was intended to extend attorney's lien to follow judgment in client's favor and proceeds (C. S., sec. 6576).

4. Attorney's lien attached to land after mortgage foreclosure sale and purchase by administratrix who was judgment creditor and sole legatee (C. S., sec. 6576).

5. Attorney's claim arising in administration of estate was not lost for want of presentation and allowance (C. S., sec. 7584, as amended by Laws 1929, chap. 280, sec. 13).

6. Attorney's lien on realty was not lost for want of presentation to administratrix and allowance (C. S., sec. 7588).

7. Attorney's lien, attaching to realty as proceeds of judgment procured for client, remains lien until paid or discharged, or until property passes to innocent purchaser without notice, or unless ten- [50 Idaho 727] year presumption of payment arises (C. S., sec. 6576; Laws 1929, chap. 56, sec. 2).

8. Four-year limitation statute bars remedy, but does not presume payment (C. S., sec. 6610).

9. Although statute of limitations has run and equity will not enforce lien, court will deny relief against debt and refuse to quiet title until payment of debt or until statutory presumption of payment arises (C. S., sec. 6610; Laws 1929, chap. 56).

10. Trial court must find on all issues tendered, but failing to inject issue is not error.

APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge.

Action to quiet title to real property. Judgment for defendant. Affirmed.

Judgment affirmed. Costs to respondent. Petition for rehearing denied.

Ira W. Kenward and Lot L. Feltham, for Appellant.

If respondent ever had a lien after the sale of the premises on foreclosure, he lost it under his neglect and under the statutes of limitations. Over seven years passed after this foreclosure sale before this action was commenced. During all that time no claim or demand was asserted by respondent. There was no competent testimony or evidence showing this claim was ever brought to the attention of Lillie B. Hess, and the record shows the first the appellant learned of it was Sept. 1929. (C. S., secs. 6608 and 6610.)

"The lien on the judgment is destroyed when an attorney's claim for services is barred by the statutes of limitations." (C. S., sec. 380, p. 776; Reavey v. Clark, 56 Hun (N. Y.), 641, 9 N.Y.S. 216; 18 Civ. Proc. Rep. 272, 30 N.Y.S. 535; Coombe v. Knox, 28 Mont. 202, 72 P. 641.)

The defendant was guilty of laches, for neglecting to assert his claim, if he had any, within a reasonable time, and for this reason would not be entitled to claim or enforce a lien upon plaintiff's lands. (Smith v. Faris-Kesl Con. Co., 27 Idaho 407, 150 P. 25.)

J. P. Reed, for Respondent.

When a statute provides that the lien of an attorney attaches to the proceeds of the judgment, lands purchased by plaintiff on execution or foreclosure sale to satisfy the judgment are deemed to be "proceeds of the judgment." (2 A. L. R., pp. 484, 485, note; Skinner v. Busse, 38 Misc. 265, 77 N.Y.S. 560; Porter v. Hanson, 36 Ark. 591; 6 C. J., pp. 380, 381.)

Under a statute like ours, the lien of the attorney clings to any property or money into which the subject can be traced, until it reaches the hands of a bona fide purchaser. ( Fischer-Hansen v. Brooklyn Heights R. Co., 173 N.Y. 493, 66 N.E. 395; Hansbrough v. D. W. Standrod & Co., 49 Idaho 216, 286 P. 923.)

MCNAUGHTON, J. Budge, Givens and Varian, JJ., and Babcock, D. J., concur.

OPINION [300 P. 363]

[50 Idaho 728] MCNAUGHTON, J.

This is an action to quiet title to real property against claims of defendant alleged to be without foundation or right. It is not an action to remove a cloud or for the cancellation of any document of record.

The defendant answered and by cross-complaint set forth a claim of lien for attorney's fees.

The trial court found the defendant had an attorney's lien on account of legal services rendered in the foreclosure of a mortgage which resulted in a...

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8 practice notes
  • Skelton v. Spencer, No. 12969
    • United States
    • Idaho Supreme Court
    • February 10, 1981
    ...the right of attorneys to seek a lien recovery against the settlement "proceeds ... in whosoever hands they ... come." Miller v. Monroe, 50 Idaho 726, 300 P. 362 (1931); Hansborough v. D. W. Stanrod & Co., 43 Idaho 119, 249 P. 897 In Hansborough, the attorney handled two separate foreclosur......
  • Bennett v. Bank of E. Or., Docket No. 47346
    • United States
    • United States State Supreme Court of Idaho
    • August 31, 2020
    ...in this context. On the one hand, a court of equity will not enforce a lien because the statute of limitations has run. Miller v. Monroe , 50 Idaho 726, 731–32, 300 P. 362, 364 (1931) (citing Mendini v. Milner , 47 Idaho 439, 276 P. 313 (1929) ). On the other hand, until the payment of the ......
  • Bennett v. Bank of E. Or., Docket No. 47346
    • United States
    • Idaho Supreme Court
    • August 31, 2020
    ...in this context. On the one hand, a court of equity will not enforce a lien because the statute of limitations has run. Miller v. Monroe , 50 Idaho 726, 731–32, 300 P. 362, 364 (1931) (citing Mendini v. Milner , 47 Idaho 439, 276 P. 313 (1929) ). On the other hand, until the payment of the ......
  • Roddy v. State, 7054
    • United States
    • United States State Supreme Court of Idaho
    • July 14, 1943
    ...in an action to quiet title against liens even though outlawed, the court will not quiet title unless liens are paid. (Miller v. Monroe, 50 Idaho 726, 300 P. 362; Lemhi County v. Boise Livestock Loan, 47 Idaho 712, 278 P. 214; Nundini v. Milner, 47 Idaho 439, 276 P. 313; Cornelison v. U. S.......
  • Request a trial to view additional results
8 cases
  • Skelton v. Spencer, No. 12969
    • United States
    • Idaho Supreme Court
    • February 10, 1981
    ...the right of attorneys to seek a lien recovery against the settlement "proceeds ... in whosoever hands they ... come." Miller v. Monroe, 50 Idaho 726, 300 P. 362 (1931); Hansborough v. D. W. Stanrod & Co., 43 Idaho 119, 249 P. 897 In Hansborough, the attorney handled two separate foreclosur......
  • Bennett v. Bank of E. Or., Docket No. 47346
    • United States
    • United States State Supreme Court of Idaho
    • August 31, 2020
    ...in this context. On the one hand, a court of equity will not enforce a lien because the statute of limitations has run. Miller v. Monroe , 50 Idaho 726, 731–32, 300 P. 362, 364 (1931) (citing Mendini v. Milner , 47 Idaho 439, 276 P. 313 (1929) ). On the other hand, until the payment of the ......
  • Bennett v. Bank of E. Or., Docket No. 47346
    • United States
    • Idaho Supreme Court
    • August 31, 2020
    ...in this context. On the one hand, a court of equity will not enforce a lien because the statute of limitations has run. Miller v. Monroe , 50 Idaho 726, 731–32, 300 P. 362, 364 (1931) (citing Mendini v. Milner , 47 Idaho 439, 276 P. 313 (1929) ). On the other hand, until the payment of the ......
  • Roddy v. State, 7054
    • United States
    • United States State Supreme Court of Idaho
    • July 14, 1943
    ...in an action to quiet title against liens even though outlawed, the court will not quiet title unless liens are paid. (Miller v. Monroe, 50 Idaho 726, 300 P. 362; Lemhi County v. Boise Livestock Loan, 47 Idaho 712, 278 P. 214; Nundini v. Milner, 47 Idaho 439, 276 P. 313; Cornelison v. U. S.......
  • Request a trial to view additional results

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