Prichard v. Fulmer

Citations

• 22 N.M. 134
• 159 P. 39

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Under the common law an attorney had a right to a “general” or “retaining” lien, which attached to all papers, documents, and money that came into his hands professionally as an attorney, under which he was entitled to retain possession of such papers, documents, and money until the money due him for professional services was paid.</p> <p>P. 139</p> <p>2. The courts also recognize what is generally styled an attorney’s “charging lien,” which was the right of an attorney or solicitor to recover his fees and money expended on behalf of his client from a fund recovered hy his efforts, and also the right to have the court interfere to prevent payment hy the judgment debtor to the creditor, in fraud of his right to the same, and also to prevent or set aside assignments and settlements made in fraud of his rights.</p> <p>P. 139</p> <p>3. The court will not permit an attorney to assert his lien in an independent suit, as by its control of its process in the original suit it can and will afford him an ample remedy.</p> <p>P. 144</p> <p>4.An attorney’s lien, upon a judgment recovered in a foreclosure suit, is waived where he permits his client to purchase the property, ordered sold by the court, in satisfaction of the judgment, and the court without objection on the attorney’s part confirms the sale and approves the deeds for the same to his client, and the attorney’s lien upon the judgment does not follow the land when the title is perfected in his client.</p> <p>P. 144</p>