Combs

The above-entitled actions were consolidated for trial only. A separate judgment was rendered in each action. The actions will hereafter be designated by the number that the appeal therein bears in this court.

The complaint in each action alleges substantially the same facts and in both actions the plaintiff seeks to recover upon a written contract for attorney’s fees, the right to those fees being based upon a contingency.

The following undisputed facts are relevant to the questions involved on these appeals.

Defendant Euldene P. Hughes (hereinafter called Euldene) is the widow of one A. P. Hughes. In 1943 defendant commenced an action against her husband for divorce. She joined as defendants in this action, in addition to her husband, one Toney, alleged corespondent, and her husband’s brother, J. L. Hughes. In her complaint she alleged that certain real property which will hereinafter be referred to as the Western Avenue property and which stood of record in the name of J. L. Hughes was community property of herself and her husband. At the trial of this action she was granted a divorce and awarded certain property but the court found and decreed that the Western Avenue…