Hoffman v. Vallejo

Citations

• 45 Cal. 564

Syllabus

<p>When Contract with Attorney not Against Public Policy.—It is not against public policy for a party claiming title to land to enter into a contract with an attorney, by which it is agreed that the attorney shall commence legal proceedings for its recovery and pay the costs, and in consideration of his services and expenditure of money have an undivided one half of all the land recovered, and the undivided one half of all that may be recovered or obtained by reason of any compromise or settlement of the matter, and that the party claiming the land shall not make any settlement or compromise without the consent of the attorney.</p> <p>Idem.—Such contract constitutes the attorney the equitable owner of the undivided one half of whatever shall result from the prosecution or compromise of the suit instituted by him to recover the land.</p> <p>Land Held in Trust.—If an attorney contracts with a party who claims land to commence a suit to recover the land and to pay the expenses, and receive for his services and expenses one undivided half of what may he recovered, and the undivided one half of the result of a settlement or compromise of the matter, and the party compromises by having money paid to a third person, who, in consideration of the money, deeds to a fourth person land in trust for the party, such fourth person holds an undivided one half of the land in trust for the attorney.</p>