Williams v. Bradley

• Decision Date: 09 April 1914
• Docket Number: 713
• Citation: 187 Ala. 158,65 So. 534
• Parties: WILLIAMS v. BRADLEY.
• Court: Alabama Supreme Court

65 So. 534

187 Ala. 158

WILLIAMS v. BRADLEY.

No. 713

Supreme Court of Alabama

April 9, 1914

Rehearing Denied June 4, 1914

Appeal from Chancery Court, Jefferson County; A.H. Benners Chancellor.

Suit by S.P. Bradley against W.T. Williams. Decree for complainant and defendant appeals. Reversed and rendered.

Burgin Jenkins & Brown, of Birmingham, for appellant.

W.K. Terry, of Birmingham, for appellee.

McCLELLAN J.

This bill seeks the declaration and the enforcement of a lien in complainant's (appellee's) favor for his satisfaction for services rendered by him as an attorney. Demurrer of the respondent, W.T. Williams, to the bill was overruled, and he appeals.

Complainant (appellee) was a practicing attorney in Birmingham, Ala., in November, 1903. He was at that time employed by W.H. Crawford to collect a promissory note for $500, payable to said Crawford, and signed by G.W. Crawford and Claude Brewer, and indorsed on the back by W.T. Williams and R.L. Ivey. On November 12, 1903, he, as said attorney, instituted suit upon the note against said Williams and Ivey, and on the 2d day of January, 1904, judgment was rendered in plaintiff's favor for the sum of $604. Said sum was made up of $500, the principal debt, $49.99, the accrued interest thereon, and $54.01, an ascertained, proven, and allowed reasonable attorney's fee. The bill avers that "said fee was allowed him [complainant] for his services as reasonable compensation in and about obtaining said judgment." The note there sued on contained these provisions:

"The makers and indorsers of this note hereby expressly waive all right to claim exemption allowed by the Constitution and laws of this or any other state, and agree to pay costs of collecting this note, including reasonable attorney's fee, for all services rendered in any way in any suit against any maker or indorsee, or in collecting or attempting to collect, or in securing or attempting to secure, this debt, if this note is not paid at maturity."

Execution was issued on the judgment on, to wit, January 3, 1913. It was levied on real property of the defendant, Williams. At the sale under this execution on April 2, 1913, Crawford, the plaintiff in execution, purchased the property at the sum of $1,128.00, the aggregate of the aforesaid judgment and interest thereon and $68.42, the court costs in that proceeding. The sheriff made conveyance in the usual way to the purchaser (plaintiff in execution), reciting, however, that only the costs, in the mentioned sum, were paid to him. The bill avers that this conveyance was made without complainant's consent. On May 24, 1913, Williams effected the redemption of his land so sold and so purchased by Crawford (plaintiff in execution); the conveyance to Williams reciting a consideration of $1,128, the sum at which the purchaser bid at the execution sale. It is further averred that complainant has not been paid his attorney's fee, so earned, that he was and is the equitable assignee of said judgment against Williams and Ivey to the extent of his attorney's fee for services rendered in its procurement, and that "he is entitled to have an execution issued under said judgment against the defendants in said judgment to the extent" of his attorney's fee for services so rendered. It is further averred that the lien, in favor of complainant, for his fee attached to the judgment and to the lien of the judgment charged upon the land when the aforesaid execution was levied thereon.

It is well to note that our statute (Code 1907, § 3011) making provisions for liens in favor of attorneys, became effective in 1908, upwards of...