In Jordan v. Farrow, 130 Ala. 428, 30 So. 338, it was expressly held that counsel fees incurred by complainant in proceedings in chancery for the sale of lands for division could not be allowed out of the common fund. Foster v. Foster, supra, was decided in 1899, and Jordan v. Farrow in 1900.
Summary of this case from Dent v. Foy8 Div. 811.
May 18, 1926.
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge.
Appeal dismissed on motion of appellees.
In Jordan v. Farrow, 130 Ala. 428, 30 So. 338, it was expressly held that counsel fees incurred by complainant in proceedings in chancery for the sale of lands for division could not be allowed out of the common fund. Foster v. Foster, supra, was decided in 1899, and Jordan v. Farrow in 1900.
Summary of this case from Dent v. FoyFull title:Robert L. FARROW v. Thos. C. JORDAN et al
Court:Supreme Court of Alabama
Date published: May 18, 1926
Early Alabama cases express hostility towards the concept of making an estate pay the attorneys' fees of…
Strickland v. Carroll60 C. J. 707-720, 804, 807; Bolman v. Lohman, 74 Ala. 507; Shaddix v. National Co., 221 Ala. 268, 128 So.…