Barnesley against Powell
| Jurisdiction | England & Wales |
| Judgment Date | 04 August 1750 |
| Date | 04 August 1750 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 63
HIGH COURT OF CHANCERY
Overruled, Shaw v. Neale, 1858, 6 H. L. C. 581. See also S. C. 1 Ves. Sen. 119, 284.
Case 44.-barnesley against powell. Aug. 4,1750. [Overruled, Shaw v. Neale, 1858, 6 H. L. C. 581. See also S. C. 1 Ves. sen. 119, 284.] [A solicitor employed on part of a lunatic can have no action against him for his bill of costs.] Solicitor prosecuting to a decree has a lien on the estate recovered in the hands of the person recovering for his bill, but not in the hands of the heir. [But if the suit be revived the lien revives.] Committee of lunatic has a lien on the lunatic's estate; the solicitor employed by the committee declared to stand in his place.-[Lib. Eeg. 1749, A. fo. 324.] Petition, by the solicitor for Barnesley (who was a lunatic), setting forth, that he had expended great sums of money in prosecuting suits in this Court, and at law, against the defendant Powell, on behalf of the lunatic, and praying that he may be at liberty to enter up a judgment with a stay of execution against the lunatic, for such moneys, that thereby he may have a lien on his real estates. 64 BARNESLEY V. POWELL AMB. 103. Lord Chancellor. An action cannot be maintained against a lunatic, but it must be against the person that employed the solicitor, who is the committee. If a solicitor prosecutes to a decree, he has a lien on the estate recovered in the hands of the person recovering for his bills; but if the client should die, the solicitor has no such lien on the estate in the hands of the heir at law, unless it should be necessary to have the suit revived, and then the lien will revive too. In the present case the committee has a lien on the lunatic's estate, and I will assist the solicitor [103] as much as I can, therefore declare he stands in the place of the committee, and has a lien on the lunatic's estate. Q. If he had such lien 1 The counsel for the solicitor doubted of it. N.B. Nobody appeared for Powell, and the petitioner had in his hands the title-deeds of the estate, which seems to be the best security.(l) (1)" It was referred to the Master to tax the petitioner his costs of suing out and " prosecuting two commissions of lunacy against the plaintiff, and also his fees and dis-" bursements in this and in the cross cause, both at law and in this Court, and to " enquire what other suits and businesses had been solicited or performed by the peti-" tioner, or for or on behalf of plaintiff...
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Stedman v Hart
...at law and in equity : Jones v. Williams (8 M. & W. 349); and creates an equitable lien upon the lunatic's real estate: Barnesley v. Powell (Amb. 102), Wilson v. Metcalfe (1 Buss. 536); and, if there be such an equitable charge, it cannot be barred by the lapse of six years since it origina......
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George Shaw, - Appellant; James Neale and Frederick William Remnant, - Respondents
... ... recovered for a client in respect of the costs and expenses incurred in recovering it (Barnesley v. Powell, Ambl. 102, overruled. He has a lien only on the papers in his hands. An attorney held an ... c. 110, such registration will protect him against all who become mortgagees or purchasers during the currency of the five years, and such protection ... ...
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Chester v Rolfe
...Price (2 Ves. sen. 407), Williams v. Wentworth (5 Beav. 325), Wentwarth v. Tubb (1 Y. & C. C. C. 171; 2 Ibid. 537), Barneshtf v. Powell (Amb. 102). [800] Mr. Busk, for the executors. There was no debt due from the lunatic, who was incompetent to contract any. Under the commission your Lords......
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Barnesly v Powel
... ... C. 1 Ves. sen. 119.] After a very long trial by special jury a verdict was brought in against the will; with an indorsement that it was grounded on forgery, and not on any defect in the ... Attorney General, Gale, and Mary .Powell, are to be the Defendants, &c. &c. It " is further ordered, that none of the agreements, deeds, ... ...