said sheriff of County should convey the said real estate, sheriff of said county by deed in fee simple, to the purchaser, Now, KNOW YE, THAT I, the said of, by virtue of said judgment, writ, sale and confirmation, and of the statutes for such cases made and provided, and for and in consideration of the sum of $ knowledge to have received from which I ac and of the premises herein, do hereby grant, sell and convey unto him the said his heirs and assigns forever, the following described real estate, to-wit: (Here describe it), together with all the privileges and appurtenances thereunto belonging. TO HAVE AND TO HOLD said real estate unto the said his heirs and assigns as fully and completely as the said sheriff of said county, by virtue of said judgment, writs, sale and confirmation and of the statute made and provided in such cases, might or should sell and convey the same. IN WITNESS WHEREOF, I have hereunto set my hand this day of County. a notary public, in and for said county 19-, personally ap and State, on this peared to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity therein stated, and as his free and voluntary act and deed for the uses and purposes therein set forth. My commission expires Notary Public. CHAPTER IX. THE LAW AND PROCEDURE IN THE FORECLOSURE OF AN ATTORNEY'S LIEN FOR FEES. SECTION 334. The attorney's lien on personal property and judgment. 335. May retain money and prop erty to enforce lien, when. 336. Lien may be released by bond. 337. The attorney's lien for his services-The statute. 338. Contingent fee authorized-The statute. 339. Liability of adverse party for fees in case of settlementThe statute. 340. The measure of the amount of recovery in case settlement is made without consent of the attorney. 341. Decided cases. 342. The effect of notice "Lien claim" indorsed in writing on pleading filed. 343. The settlement without the notice to, or knowledge of, the attorney having a lien. 344. The attorney may have the cause heard to determine the amount of his fee. 345. Right to lien when services partly performed by attor ney. 346. Effect of agreement not to settle or compromise without the consent of the attorney. 347. Specific performance of contract for portion of land to be recovered will be enforced. 348. Should the suit to foreclose the lien be a separate action or by cross-petition, or by intervening petition in the original action. SECTION 349. Contract of infant or next friend to employ counsel, when. 350. The statute authorizing the prosecution or defense on behalf of an infant. 351. History of the law as to the functions of the next friend and guardian ad litem. 352. The court has power to order payment of fee of guardian ad litem. 353. The next friend no party to the action-Can employ counsel. 354. The next friend and guardian ad litem perform the same functions. 355. The power of infant or next friend to employ counsel. 356. The employment of an attorney is a necessary, and the infant alone may make the contract -A necessary in a suit for personal injuries. 357. The action does not abate on the death of the next friendCounsel fees in such case should be paid. 358. The attorney for an infant has a lien on his client's cause of action for his fee. 359. The infant, or next friend, or both, can make contract with an attorney for a contingent fee. 360. The law as to procedure after judgment. SECTION 361. Procedure by which the lien of an attorney for his services is foreclosed on real estateForm for the petition. 362. Form for decree of court foreclosing lien of attorney for services. 363. Form for order of sale directed from the clerk to the sheriff. 364. Form for the appraisement of the real estate. 365. The form for the oath of the appraisers. SECTION 366. Form for the appraisement of 367. Form for the publication of 369. Form for the sheriff's return 370. Form for confirmation of sale. 371. Form for sheriff's deed to the purchaser of said real estate. Sec. 334. The attorney's lien on personal property and judg ment. An attorney has a lien for a general balance for compensation in and for each case upon: 1. Any papers belonging to his client which have come into his hands in the course of his professional employment, in the case for which the lien is claimed. 2. Money in his hands belonging to his client in the case. 3. Money due his client in the hands of the adverse party, or attorney for such party, in an action or proceeding in which the attorney claiming the lien was employed, from the time of giving notice in writing to such adverse party, or attorney for such party, if the money is in the possession or under the control of such attorney, which notice must state the amount claimed, and in specific terms, for what services. 4. After judgment in any court of record, such notice may be given, and the lien made effective against the judgment debtor, by entering the same in the judgment docket opposite the judgment.1 Sec. 335. May retain money and property to enforce lien, when. When an attorney claims to be entitled to a lien on money or property so held for his attorney fee, he may, if it be 1 Snyder, 261; Wilson, 230. money, retain the amount of such fee, but must pay over the balance as provided by statute (Snyder, 271; Wilson, 238). If it be in property, he may retain sufficient to reasonably secure his fee, and if the property be capable of divisions, must deliver all in excess of such amount as provided in the statute. (Snyder, 271; Wilson, 238.) 2 Sec. 336. Lien may be released by bond. It is provided by the statute that any person interested may release such lien by executing a bond in a sum double the amount claimed, or in such sum as may be fixed by a judge, payable to the attorney, with security to be approved by the clerk of the court, conditioned for the payment of the amount finally due the attorney for his services, which amount may be ascertained by suit on the bond.3 The client may release the lien of the attorney at any time by giving bond with good and sufficient securities, residents of the county, to be approved by the clerk of the district court in which the attorney resides, or in the county where the attorney may hold the property, conditioned to pay to the attorney the amount of his fees, when ascertained by suit, and to pay all costs occasioned by suit to ascertain such fees. The bond must be deposited with the clerk approving the same, and the attorney may bring suit on such bond to recover his fee, and must, on approval of such bond by the district clerk, without further demand, deliver the money or property held as security for his fees to the client, and on failure so to do, he will be guilty of embezzlement and disbarred. A client giving such bond may tender to the attorney any amount admitted by the client to be owed to the attorney, as his fee, and if the attorney fail to accept such tender, and fail to recover a sum greater than the amount so tendered, he will be required to pay all costs from the time of the tender.* 2 Snyder, 262; Wilson, 239. 3 Snyder, 263; Wilson, 238. 4 Snyder, 264; Wilson, 240. This bond does not apply to statutes giving a lien on causes of action which can be settled by the client in the absence of the attorney. The latter statute (Snyder, 274; Act of June, 1909), was enacted long after the existence of the former one. Sec. 337. The attorney's lien for his services-The statute. From the commencement of actions at law or equity, or from the filing of an answer containing a counterclaim, the attorney, or attorneys, who represent the party in whose behalf such pleading is filed, is entitled to a lien on his client's cause of action, or counterclaim, and the same will attach to any verdict, report, decision, finding or judgment in his client's favor, and the proceeds thereof, wherever found, will be subject to such lien, and no settlement between the parties without the approval of the attorney, shall affect or destroy such lien. Such lien will attach from and after such attorney is contracted with, provided such attorney serves notice on the defendant or defendants, or proposed defendant, or defendants, in which he is required to set forth the nature of the lien he claims, and the extent thereof, or from and after the service of such notice. Such notice will not be necessary provided such attorney has filed such pleading in a court of record, and indorsed thereon his name, together with the words, "Lien claim." 5 Sec. 338. Contingent fee authorized-The statute. The statutes of this State provide that it is lawful for attorneys to contract for a percentage or portion of the proceeds of a client's cause of action, or claim, not to exceed fifty per centum of the net amount of such judgment as may be recovered, or such compromise as may be made with the consent of the attorney, whether the same arise ex contractu or ex delicto, and no compromise or settlement entered into without such attorney's consent, will affect or abrogate the Snyder, 274; Act of June, 1909. |