54 Pa. 67 | Pa. | 1867
The opinion of the court was delivered, by
In Robb’s Appeal, 5 Wright 49, our brother Strong said that ordinarily 3 per cent, is a sufficient compensation for the sale of real estate; and stated that we are not disposed to disturb the finding of an auditor ratified by the court, without affirmative evidence convincing us of plain error. Compensation is so much governed by the circumstances that no unbending rule can be fixed as to the rate of percentage. We are not satisfied the allowance of 3 per cent, in this instance is too little. See also McCausland’s Appeal, 2 Wright 466; Lukens’s Appeal, 11 Id. 356.
The second error assigned has more in it. The auditor allowed Mr. Ernst $500, and Mr. Parsons $250 as fees for professional services rendered in a proceeding in partition, under the Act of 27th April 1864, which is in these words: “ The costs, in all cases of partition in the Common Pleas or Orphans’ Court of this Commonwealth, with a reasonable allowance to the plaintiff or
As to the auditor’s fees, we are unable to say that they should not be allowed. He has omitted to state the whole number of
And now, January 17th 1867, the court confirm the decree of the Orphans’ Court, excepting that part allowing the fees of the attorney in the partition. This allowance is reversed, and the record ordered to be remitted to enable the said court to take such further proceedings relating to the same as shall be necessary and lawful. and in accordance with the principles set forth in the opinion of this court. The costs of the appeal in this case are ordered to be paid by the appellees.