Montgomery v. Hoskins

We brought this case here to consider whether counsel for a defendant in a partition suit, where the property is sold for partition, is entitled under T.C.A. sec. 23-2125 to have his fee paid out of the common fund.

In a suit to partition property belonging equally to complainants and defendants, without reference to any conducive facts, the chancellor awarded fees to complainant’s counsel in the amount of $1,500.00, to the exclusion of defense counsel, but ordered that $750.00 of this award would be retained in court to pay defense counsel should they prevail on appeal in their insistence…