Harburger v. St. John's African Methodist Episcopal Church

A question has arisen here as to the amount of the referee’s fees and charges for making the sale under the final judgment in foreclosure. The property sold for $100 over and above the prior incumbrance. It seems to be a prevalent belief that a referee is entitled to fifty dollars upon a sale, irrespective of the purchase price, but this is not so.

Section 3297 conforms the referee’s fees to the fees *228of the sheriff in all actions where real property is sold pursuant to a judgment.

Subdivision 11 of section 3307 makes the sheriff’s fees for a sale under a judgment the same as his fees for a sale…