case barnesley against Powell Aug overrule shaw v neal h l c see also S c Ves  sen a solicitor employ on part of a lunatic can have no action against he for  his bill of cost solicitor prosecute to a decree have alien on the estate  recover in the hand of the person recover for his bill but not in the hand of  the heir but if the suit be revive the lie revive committee of lunatic have a  lie on the lunatic estate the solicitor employ by the committee declare to  stand in his place lib Reg a foe petition by the solicitor for barnesley who  be a lunatic set forth that he have expend great sum of money in prosecute  suit in this court and at law against the defendant Powell on behalf of the  lunatic and pray that he may be at liberty to enter up a judgement with a stay  of execution against the lunatic for such money that thereby he may have a lie  on his real estate ambler er p Lord chancellor a action can be maintain  against a lunatic but it must be against the person that employ the solicitor  who be the committee if a solicitor prosecute to a decree he have a lie on the  estate recover in the hand of the person recover for his bill but if the  client shall die the solicitor have no such lie on the estate in the hand of  the heir at law unless it shall be necessary to have the suit revive and then  the lie will revive too in the present case the committee have a lie on the  lunatic estate and I will assist the solicitor ambler as much as I can  therefore declare he stand in the place of the committee and have a lie on the  lunatic estate Q if he have such lie the counsel for the solicitor doubt of it  N B nobody appear for Powell and the petitioner have in his hand the  titledeeds of the estate which seem to be the best security it be refer to the  master to tax the petitioner his cost of sue out and prosecute two commission  of lunacy against the plaintiff and also his fee and disbursement in this and  in the cross cause both at law and in this court and to inquire what other  suit and business have be solicit or perform b the petitioner or for or on  behalf of plaintiff or his wife and whether the same be for the benefit or  advantage of the lunatic or his estate and if so then to tax the petitioner  bill of fee and disbursement in respect thereof and to take a account of what  sum of money the petitioner have advance and pay for the lunatic and for his  use and upon his account and for what cause and purpose the same be so advance  and pay the master by his report certify pound S d due to the petitioner and  his lordship declare that Eliza the wife of the lunatic and Mr b the committee  of his estate have a lie upon it and be entitle to have satisfaction out of  the personal and real estate of say lunatic for what they have or shall pay or  be liable to pay on account of the pound S d and that the petitioner as stand  in the place of say Eliza the wife and say Mr b have also a lie upon and be  entitle to be pay out of the say lunatic personal and real estate what be due  to he and the say Eliza and Mr b and say petitioner be to be at liberty to  apply from time to time for payment of say pound S d or any part thereof and  the consideration of the interest on the say sum or so much as shall remain  due be reserve and it be refer to the master to tax the petitioner subsequent  cost it appear from Mr Cox ms Vol DD that the lunatic not have a personal  estate inefficient to discharge this demand and the rend and profit of the  real estate not be sufficient to satisfy the principal of the debt the  solicitor on the that of August petition the chancellor that this debt may be  consider in the nature of a mortgage or as such a charge upon the estate as to  carry interest and therefore pray that he may be pay interest for this debt at  the rate of pound per cent yearly as it shall become due out of the rend and  profit of his real estate but Lord Hardwicke chancellor be of opinion though  it be reasonable that the petitioner shall be pay yet that he can not allow it  in this way for he say that he never know any instance wherein a solicitor  demand have be permit to carry interest and he doubt whether interest can in  any case be allow for the demand of a committee but order that what money  appear to be in the hand of the committee shall be pay out to the petitioner  in part discharge of his demand with liberty to apply again as other money  shall be get in Withoutprejudice to the question whether he be entitle to any  interest on the sum report due to he lib Reg a foe a that a solicitor have a  lie on the fund recover in a suit for his cost see Welsh v hold dougl ex part  price Ves sen turwin v Gibson atk Mitchell v Oldfield t r so likewise for a  sum award in favour of his client Ormered v Tull east and a solicitor may  obtain a order to stop his client from receive money recover in the suit till  his bill be pay Ves see beam on cost hullock and case there but it seem  doubtful whether the lie extend to any cost beyond those incur in the cause  Dann v church mad Worrall v Johnstone I W where however the solicitor have in  his possession the instrument on which the client right to the fund rest he  have be hold to have a general lie on the fund recover see the last case  ambler er p