unjust rule in Alabama

2008More recently, we explained in Ex parte State Farm Fire & Casualty Co., 764 So.2d 543 , 545-46 n. 3 (Ala.2000): "`...

2007More recently, we explained in Ex parte State Farm Fire & Casualty Co., 764 So.2d 543 , 545-46 n. 3 (Ala.2000): "` . . .

2008It seems to us that an equally reasonable assumption is that the legislature might expect the courts themselves to correct an unjust rule which was judicially created....'" 294 Ala. at 597-98, 320 So.2d at 73 .

2007It seems to us that an equally reasonable assumption is that the legislature might expect the courts themselves to correct an unjust rule which was judicially created. . . . '" 294 Ala. at 597-98, 320 So.2d at 73 .

1918In Higley v. White, 102 Ala. 604, 609 , 15 South. 141 , 143, are cited the foregoing Alabama decisions, to the effect that an attorney’s lien for services rendered a client does not extend to lands the subject of a suit to establish title thereto, or recovered or successfully defended in ejectment, or otherwise successfully defended against an unjust claim or an unwarranted attempt to subject them to an alleged lien or liability.

1893It is as well settled, also, that an attorney or solicitor has no lien on the land of his client, where he has successfully prosecuted a suit in equity to establish the title of his client to real estate, or on land recovered in an action of ejectment prosecuted by him, or where he has defended successfully the right and title to land against an unjust claim, or an unwarranted attempt to subject it to an alleged lien or liability. — Hinson v. Gamble, 65 Ala. 605 ; Lee v. Winston, 68 Ala. 402 ; McWilliams v. Jenkins, supra; Humphrey v. Browning, 46 Ill. 476 ; 2 Kent’s Com., 640-41. 3.

1893It is as well settled, also, that an attorney or solicitor has no lien on the land of his client, where he has successfully prosecuted a suit in equity to establish the title of his client to real estate, or on land recovered in an action of ejectment prosecuted by him, or where he has defended successfully the right and title to land against an unjust claim, or an unwarranted attempt to subject it to an alleged lien or liability. — Hinson v. Gamble, 65 Ala. 605 ; Lee v. Winston, 68 Ala. 402 ; McWilliams v. Jenkins, supra; Humphrey v. Browning, 46 Ill. 476 ; 2 Kent’s Com., 640-41. 3.

1893It is as well settled, also, that an attorney or solicitor has no lien on the land of his client, where he has successfully prosecuted a suit in equity to establish the title of his client to real estate, or on land recovered in an action of ejectment prosecuted by him, or where he has defended successfully the right and title to land against an unjust claim, or an unwarranted attempt to subject it to an alleged lien or liability. — Hinson v. Gamble, 65 Ala. 605 ; Lee v. Winston, 68 Ala. 402 ; McWilliams v. Jenkins, supra; Humphrey v. Browning, 46 Ill. 476 ; 2 Kent’s Com., 640-41. 3.

1880STONE, J. — An attorney, defending successfully the right and title to a tract of land, against an unjust claim, or unwarranted attempt to subject it to an alleged lien or liability, can not assert a lien on the land thus successfully defended, for his lawful fees and charges. — 1 Wait’s Actions cfc Defenses, 453-4 ; 2 Story’s Eq., § 1233 a; Warfield v. Campbell, 38 Ala. 527 ; 2 Kent’s Com., 640-41.