Ernst v. Ernst

ELLISON, P. J. —

A suit in partition styled Ernst v. Ernst et al., was brought in Buchanan County by Thompson, Griswold and Thompson associated with S. S. Shull, as attorneys for John Ernst. There was a judgment that the property could not be divided and it was ordered to be sold by the sheriff.-Defendant, Fred Ernst, bought it at that sale. In due course, these attorneys asked the court for an allowance of attorneys’ fees as a part of the costs in the case. The court allowed them $350 and defendant, Fred Ernst appealed.

The facts, as we gather them from the record, are that the action was…