Crossman v. Wyckoff

Jenks, J.:

The statute provides in so many words that in an action brought for the partition of real property the court may in its-discretion award to any party a sum not exceeding five per centum upon, the-value of the subject-matter involved. (Code Civ. Proc. § 3253.) If there could be any doubt raised by the expression. “ any party ” it is dissipated by the section immediately following: “ But all the sums awarded to the plaintiff as prescribed in section 3252 of this act, of to a party or two of more parties on the same side, as prescribed * * * in subdivision second of the last section,…