LaFramboise v. Grow

Citations

• 56 Ill. 197

Syllabus

<p>1. Dower—to whom it may he released. Before dower has been assigned, it can only be released to the owner of the fee, or to some one in privity with the title by his covenants of warranty.</p> <p>2. But where the former owner of the fee in land in which a dower right still exists, has conveyed the same, with warranty, he may purchase the right of dower for the benefit of his grantee, however remote, and thus prevent a breach of his covenant.</p> <p>3. Attorney at law—whether he has a lien on the subject matter of the suit for his fees — subsequent purchaser, with notice. Where a widow employed an attorney to prosecute a suit for her dower in lands sold and conveyed by her husband in his life-time, the attorney to have a certain portion of what might be recovered, as his fee and for costs expended by him, and pending the suit the widow released her dower to one who stood in the relation of warrantor of the title, it was held, no lien upon the land could accrue to the attorney by reason of such agreement, although a remote grantee of the fee, for whose benefit the right of dower had been acquired, had notice thereof, because the attorney held no such relation to the title as would enable him to receive an interest in the dower right.</p> <p>4. Nor did any lien accrue to the attorney, independently of the agreement, under any law.in this State. An attorney has no lien on the subject matter of the suit which he is employed to prosecute, that can in anywise impair the right of his client to transfer the same to a third person pendente lite.</p> <p>5. Same — construction of Act of 1869. Under the Act of 1869, providing • for the fees of a solicitor who prosecutes a suit for the assignment of dower, to be taxed as costs therein, no allowance could be made to the attorney in case the complainant should release her right of dower pending the proceeding, because she could not, in that event, recover costs.</p>