Spence v. Spence

FOSTER, Justice.

This is a suit in equity for the sale of 470 acres of farm land and a residence in LaFayette for division among the cotenants, who are heirs at law of Judge Samuel Spence, who died some fifty years before.

Attorneys’ Fee.

A controversy has arisen between Mr. Smith and Mr. Jackson in respect to the attorneys’ fee to be allowed under the statute. Sections 9319 and 6261, Code.

The bill was filed by Mr. Burns of Jefferson County, who makes no claim to an attorney’s fee. It was begun in March, 1934, by some of the heirs and against others, and sought a sale of the farm land, but did…