242 Mass. 159 | Mass. | 1922
This is a suit in equity to redeem real estate from a mortgage to the defendant. From a decree in their favor the plaintiffs appealed. The only questions argued by the plaintiffs relate to certain items in the accounting stated by the master, to whom the case was referred.
The amount allowed by the master for services, although in excess of five per cent, was not erroneous in law. Barry v. Dow, 240 Mass. 419, and cases there collected.
The report of the master as to allowance to the defendant of attorney’s fees in connection with the foreclosure and of interest on payments advanced by him was right.
The parties have filed an agreement to the effect that there was a mistake in the amount stated to be due to the defendant in the final decree, and that the amount should have been $32,921.65, with interest from October 27, 1921. The amount of the defendant’s costs was not stated in the decree. That was wrong in form. The aggregate of costs should be specified in a decree in equity. Stevens v. Backport Granite Co. 216 Mass. 486, 494. Rubenstein v. Lottow, 220 Mass. 156, 161, 162. The costs of this appeal are to be added. When thus corrected, the decree may be affirmed.
So ordered.