Broughton v. Nance

LAWSON, Justice.

This appeal is from a decree of the circuit court of Calhoun County, Alabama, in Equity, allowing an attorney’s fee to the solicitor for complainant (appellee) in a partition suit in the exercise of the power conferred on the trial court by Section 63, Title 46, Code of 1940, Sections 6261, 9319, Code of 1923. Appellants do not seem to question the fact that the services of counsel for complainant were for the benefit of the common estate and properly payable out of the funds received from the proceeds of the sale in accordance with the terms of Section 63, Title 46, supra. We…