James v. Peppard Realty Co.

This is a motion for an extra allowance to a referee upon the sale of real property on foreclosure, pursuant to section 3297 of the Code of Civil Procedure, which, among other things, provides: “And a referee's compensation, including commissions, cannot, where the sale is under a judgment in an action to foreclose a mortgage, exceed fifty dollars, *566unless the property sold for ten thousand dollars or upwards, in which event the referee may receive such additional compensation as to the court may seem proper, or in any other cause (case) five hundred dollars.” This statute fixes the referee’s…