Muinch v. Hull

A statute providing for poundage on judicial sales by sheriffs is ambiguous concerning redemption. In this foreclosure suit the sheriff held a sale of land, but the mortgagors subsequently redeemed the property. On motion to retax costs the district court disallowed *572the claim to the commission, and the sheriff has appealed.

The statute reads in part: “The * * * (sheriff) shall charge and collect * * * commission on all money received and disbursed by him on * * * order of sale, * * *; Provided, in all cases where no money is received or disbursed by him no percentage shall be allowed; * *

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