Opinion
(February Term, 1897.)
Special Proceedings — Partition Sale — Commissioner — Compensation.
The compensation to a Commissioner for making partition sale, being fixed by sec. 1910 of The Code, no additional allowance can be made on account of extra trouble or expense.
SPECIAL PROCEEDING, for the sale of land for partition, pending in the Superior Court of YANCEY. The clerk refused to make an allowance to the commissioners appointed to sell the land in excess of that allowed by The Code, and upon appeal to the Judge of the Superior Court the clerk's ruling was reversed and plaintiffs appealed.
Messrs. Hudgins Watson for plaintiffs (appellants).
Messrs. W. N. Moore and A. C. Avery for defendants.
Judgment reversed upon section 1910 of The Code.
Cited: Turner v. Boger, 126 N.C. 302; Williamson v. Bitting, 159 N.C. 326.
(390)