MacFarlane v. Brower

Motion to confirm referee’s report of sale and for final judgment granted. Hnder the rule laid down in Dor emus v. Crosby, 66 Hun, 125, there cannot be allowed to the parties in the aggregate more than five per cent, upon the whole value of the property sought to be partitioned. In other' words, where the property brings $80,000, or more, $4,0'00 can be awarded in the aggregate, or $2,000 to each side. The infant defendants, Henry B. Manning, Jr., and John L. Manning, have no present interest in the proceeds of the sale, and, therefore, an allowance in addition to the taxable costs cannot be…