Welch v. Kearns

The question for determination is whether in a civil action or special proceeding wherein a Commissioner is appointed to sell land, such commissioner’s fee is to be determined pursuant to the provisions of G.S. 1-408 or G.S. 28-170.

In the case of Ray v. Banks, 120 N.C. 389, 27 S.E. 28, this Court held the compensation to a commissioner for making a partition sale was governed by Section 1910 of the Code of 1883. This section read as follows: “In sales of real estate under this chapter, the allowance for services in making sale and title, to the officer or person appointed to sell, shall be as…