Maxey v. Besser

Citations

• 44 Tex. 506

Syllabus

<p>1. Attorney’s lien.—On the rendition of a decree of divorce, a trustee was appointed by the court to sell the homestead and divide the proceeds between the parties, taking their receipts therefor. The trustee made sale and delivered the half of the proceeds collected to the attorneys of the wife, they giving their obligation to the trustee to pay over the money and take her receipt for same. The attorneys, after deducting their fee, tendered the remainder, which was refused. The trustee thereupon paid their client the entire amount, and brought suit against the attorneys : Held, That in defense of such suit the attorneys could not set off their fee in the divorce suit.</p> <p>2. Duty of trustee.—The trustee being ordered to pay over the proceeds of sale to the parties, nothing else than actual payment could satisfy the order of the court. The payment to the attorneys, as in this case, was not intended to be such payment, and therefore the funds in the hands of the attorneys was not the property of their client.</p>