Story v. Lutkins

This question arises over the costs and allowances and the payment thereof in a case of actual partition. The property affected by this suit has been divided equally between the plaintiff and the defendant by an actual partition thereof, and the plaintiff’s counsel now asks for an additional allowance and that one-half thereof be made a lien upon the defendant’s property. He, however, opposes the application of the defendant for an additional allowance, and that it be made a lien upon the plaintiff’s property. He insists that if the defendant be made an allowance it must be payable out of the…