84 Minn. 346 | Minn. | 1901
This was an action for the partition of certain real property in Houston county, and was brought and conducted under and pursuant to the provisions of G-. S. 1894, c. 74. Proceedings were had in the district court which resulted in the sale of the land by a referee appointed by the court. Upon the coming in of his report an order was made confirming the same, directing the distribution of the proceeds thereof,and ordering and allowing the payment of certain costs and disbursements, expenses incurred in the proceedings. The attorneys for plaintiffs applied to the district court for an allowance to them of the sum of two hundred fifty dollars as fees for services in conducting the proceedings, the same to be paid out of the proceeds of the property. The court disallowed the item, and plaintiffs appealed.
It may be conceded that in partition cases, where a partition of real property is the principal object of the action, and the final judgment results in benefit to all the parties concerned, the court may, in its discretion, make a reasonable allowance to plaintiffs
Orders affirmed.