| Volume 194, Page 438 View pdf image (33K) |
 |
|
|
 |
|
|
438 32 H. 8, CAP. 32, PARTITION. bility to his attorney for services rendered. And there can be no reason- able doubt that the parties may settle the matter in controversy without the intervention of their counsel, and that a settlement consummated by a direction to the attorney to strike off or settle the case is a determination of the relation of counsel and client.15 An entry to his own use made by the attorney after notice to him of the settlement would therefore be a nullity. In such a case it is submitted that there can be nothing to bind the conscience of the defendant, unless the plaintiff's attorney can shew that the defendant knew that he had authority to enter the suit for his own use. In Barker v. St. Quintin, 12 M. & W. 441, affirmed in Haigh v. Ed- wards, 26 L. J. Exch. 54, the lien of an attorney on a judgment is treated as merely a claim to the equitable interference of the Court. And as to the lien of a solicitor in equity, see Bozon v. Boliand, 4 Myl. & Cr. 354. Indeed in Strike's case, 1 Bl. 88, the Chancellor observed that the Court must in all cases leave the contracts between solicitors and suitors, relative to professional services, to be settled and decided upon in like manner as all other contracts. They cannot and ought not to be introduced into and blended with any pending suit. 15 Western Un. Tel. Co. v. Semmes, 73 Md. 9, 20. CAP. XXXII. Joint Tenants for term of Life or Years. Forasmuch as in the Parliament begun at Westminster the twenty eighth Day of April, and there continued till the twenty eighth Day of June, the thirty first Year of the King's most noble and victorious Reign that now is, it was amongst other things there enacted and established, That all joint Tenants, and Tenants in Common, that then were, or hereafter should be, of any Estate or Estates of Inheritance, in their own Rights, 333 or in the Right of their Wives, of any Manors,* Lands, Tenements, or Hereditaments within this Realm of England, Wales, or Marches of the same, shall and may be coacted and compelled by virtue of the said Act, to make Partition between them of all such Manors, Lands, Tenements, and Heredita- ments, as they then held, or hereafter should hold as joint Tenants, or Tenants in common, as more plainly at large ap- peareth by the said Statute: (2) And forasmuch as the said Statute doth not extend to joint Tenants and Tenants in com- mon for term of Life of Years, neither to joint Tenants, or Tenants in common, where one or some of them have but a particular Estate for term of Life or Years, and the other have |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
| Volume 194, Page 438 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives