Gabel v. Gabel

— Defendant appeals from an order fixing attorney and referee fees and the order taxing costs on the hearing on fees in a partition action.

The two plaintiffs brought the action to partition 227 acres of farm land in Floyd County. They and defendant each owned an undivided one-third interest in the land. Their ownership was acquired as heirs in an estate then pending. The action was started six months to the day from the date the administrator gave notice of his appointment.

One plaintiff was represented by Mr. E. W. Henke, the other by Mr. James F. Smith; both of them represented the referee.…