The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-12-15
COUNTY ATTORNEY
INSTITUTED SUITS
In Letter to County Commissioners
He Explains Situation Regarding
Collection Of Back Taxes.

AnA pAAA1 AnaSAkA@NA ~ NAAN 1NdAlL9
against the estate Of the hate Henry
M. FIagier was ordered placed on the
minutes OF the commissioners as a
matter OF record:
Board of County Commissioners,
'Escaulbla County Florida.
"Gentlemen:
The resolution whlch your board
passed on July 18th, 1921, employing
me as attorney to bring suit against
tho estate OF Henry NJ. Flagler, de-
ceased, or the trustees and executors
of Henry NJ. FIagier, deceased, for
taxes due to Escambia county and the
state Of Florida for the year 1920. and
also the resolution adopted by your
board on the 9th day Of August, 1921,
employing me as attorney to bring
suit against the estate OF Henry M,
Flagler, deceased, for the back taxes
due the county for the years 1915, 1916.
1917, 1918 and 1919 was thoroughly un-
derstood by your board and myself:
'First-That the employment was to
collect taxes due Escambia county by
the FIagler estate or the trustees or
executors of the Flagler estate as men
toned in these resolutions, and the
compensation, retainer fee and con-
tingent fee as mentioned therein had
reference solely to employment of me
TO collect the county's part Of these
taxes due Escambia county.
'Second-That the amount to be
paid me as contingent fee mentioned
IN said two resolutions out Of what
ever amount was recovered, was not
upon a judgment but to be paid only
out Of the money when recovered as
stated and intended in the resolutions.
The resolutions says that you are to
pay me twenty per cent OF whatever
amount recovered"
This word has a definite, fixed mean
ing in law, as it had and was used in
the contract and resolution, The word
has been passed on in many like
cases in contracts between lawyer and
client. IN the case OF Leslie VS.. York,
ct al, 112 Ky. TIP; &C S. w. Isl the
court defines the word as follows:
"A client Who agrees to pay his at
torney an amount equal to one-haH
OF what they recover is liable only
for an amount equal to one-half of
what he actually obtained by the
Judgment recovered and not one-haf
OF the judgment"
And the court summing up the case,
after quoting from the case Of Stroh-
ecker VS.. Sank, Pa. IL and Kenney's
Law Dictionary, Anderson's Law Die
tionary, American and English Ency.
Of Law, Vol. 20 page 6O4, Webster's
International Dictionary, the court
says:
ESQ we see that the primary mean
ing OF the word IN common speech,
and even when useA as a word OF art,
implies the actual obtaining of the
thing sought, and that the meaning
which Implies the mere obtaining of a
Judgment which gives a right to the
actual possession of the thing sought
is secondary
$50 in the case at bar the obvious
intent OF the parties was that counsel
should have for their services one
half Of what was obtained by the suit
We are of the opinion that the
fair construction was that Leslie was
to pay an amount equal to one-half
Of what he actually obtained by the
judgment and not one-half OF the
Judgment, which might or might not
be worthless"
Tho same definition ia given In
Fisher vs.. Myths AZ w. Va 6sS; 26 S.
r. 3O9
Recovery is the obtaining of
thing by Judgment of the court as a
result Of an action brought for that
purpose" Keiny VS.. Ingraham. IN.
" Sc Barb $50"
I'm Its general use recovery signifies
collection OF debt ny process and
course Of law. People vs.. REFS 76 Calf.
26s; IS Pa. S09"
This definition given On Bouvier's
Law Dictionary, Rawls End Edition
page 1850
For your information. and in ac-
cordance with your resolution hereto
fore passed, ] have associated with me
~ the prosecution Of these two suits
which have instituted. Mr. John p.
Stokes. trust that this action win
DO agreeable TO your board
For ycur information, / beg to ad-
vise that on November End / institute
ca two suits in chancery. in the court
OF record VI Escanbia county, Florida.
against the executors and trustees of
the estate OF Henry NJ. FIagler. de-
ceased. onS for the taxes Of 1920 and
the other for the back taxes for the
sN 4@1Ht A3Aft 1910 ana 1919.
omitted the year 1915 for on examine
ton I found that w. A. Blount, ex-
ecutor and trustee of the Flagler es-
tate residing in Escambia county, was
appointed and confirmed TO this office
ns executor ana trustee on March "a.
1918, II was my opinion that the
Flagler estate nor the executors and
trustees would be liable for taxes for
that yesr as all taxes under the law
become a hen upon all personal prop
erty and real estate as Of January LIST
each year and this property not being
~ contemplation OF law in the county
January first, 1915. or until Mr.. w. A.
Biount was appointed executor and
trustee on March 2sth, 1915, the taxes
arc not asscasable for that year.
II would suggest that by q proper
resolution that you acknowledge re-
sept Of this letter and make it a part
~ the record Of the contract between
the county and myself"
Yours very truly.