Wallace v. Stone

This is an action to foreclose a mortgage. The property was bid in on the sale by the plaintiff for the sum of $1,000. One hundred dollars of the purchase price was paid to the referee, ■and the balance was credited by the plaintiff on the amount due upon the bond and mortgage. A dispute has arisen over the compensation to which the referee is entitled. Plaintiff insists that $10 is the limit of such allowance. The referee thinks otherwise.

The fees of a referee upon sales of real property are governed by statute. Section 1546 of the Civil Practice Act fixes such fees as follows: “ The fees of…