Strohecker v. Irvine
| Court | Supreme Court of Georgia |
| Citation | 76 Ga. 639 |
| Parties | Strohecker. vs. Irvine. |
| Decision Date | 31 March 1886 |
76 Ga. 639
Strohecker. vs. Irvine.
Supreme Court of the State of Georgia
MARCH TERM, 1886.
Attorney and Client. Homestead. Before Judge Simmons. Bibb Superior Court. October Term, 1885.
H. F. Strohecker foreclosed an attorney's lien against E. D. Irvine for services in obtaining a homestead to be set apart and in resisting a levy thereon. Execution was issued and levied on certain personal property described in the affidavit to foreclose the lien. Irvine interposed a
[76 Ga. 640]claim on behalf of his wife and child. The case was submitted to the presiding judge without a jury on an agreed statement of facts, to the effect that the fees for which the lien was foreclosed were for services rendered in having the homestead set apart, and in maintaining the application against a contest made upon it by creditors.
The presiding judge held that the property was not subject, and the plaintiff excepted.
Gustin & Hall, for plaintiff in error.
No appearance for defendant.
Blandford, Justice.
The question here is, whether the lien of an attorney for services done and performed in defending a homestead against", creditors and in preserving the same for the benefit of the beneficiaries therein is good and binding on the property so set apart? We answer that it is. It is in the nature of labor done and purchase money thereon. Public policy demands this answer. Without some security of this sort those who are entitled to homestead exemptions might entirely fail of their rights without the benefit of the services of a lawyer; these services in procuring the land are as sacred and important as the services of the carpenter in building the house thereon, and stand upon the like footing of justice and equity.*
Judgment reversed.
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Notes:
*.Contrast Collier et al.t ex'rs, vs. Simpson et al. 74 Ga., 697.
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*Fowler v. Lewis's Adm'r. Fontaine
...505; 6 Johns. 496-498; 3 llarr. 15; 2 IT. S. Dig. §§ 237, 23S, 242-244, 249, 253, ' 265, 282, 285; 16 W. Va. 378; 50 Me. 231; 85 Tenn. 506; 76 Ga. 639; 14 Ga. 110; Weeks Att'y at Law, 607, 608-610; Id. 621, 624; 17 Gratt. 304; 14 W. Va. 211; 48 Vt. 52; 55 Pa. St. 437; 113 IT. S. 127, 765; 2......
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Prudential Ins. Co. of America v. Byrd, 12701
...by the statute of limitations, voluntarily dismissed the action. See also Lovett v. Moore, 98 Ga. 158, 26 S.E. 498; Strohecker v. Irvine, 76 Ga. 639, 2 Am.St.Rep. 62. Under the judgment vacating the original receivership of the property, as above quoted in part, Mrs. Byrd became entitled, n......
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Prudential Ins. Co. Of Am. v. Byrd, s. 12701, 12737.
...by the statute of limitations, voluntarily dismissed the ac tion. See also Lovett v. Moore, 98 Ga. 158, 26 S.E. 498; Strohecker v. Irvine, 76 Ga. 639, 2 Am.St.Rep. 62. Under the judgment vacating the original receivership of the property, as above quoted in part, Mrs. Byrd became entitled, ......
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Fowler v. Lewis' Adm'r
...above, the last-named case was overruled in the house of lords. Great stress is also laid on the Georgia case of Strohecker v. Irvine, 76 Ga. 639, holding that "the lien of an attorney for services in successfully resisting a levy on a homestead and obtaining it to be set apart as an exempt......