Kuller v. Kuller

Thomas Gallagher, Justice.

Action for the partition or public sale of a five-story commercial structure in St. Paul pursuant to Minn. St. c. 558. Plaintiffs as trustees under various instruments of trust were owners of an undivided one-half interest in the property while defendants as trustees under other trusts were the owners of the remaining undivided one-half interest therein.

In their motion for entry of judgment, plaintiffs sought an allowance for attorneys’ fees under § 558.10 which provides in part: “The costs, charges, and disbursements of partition shall be paid by the parties…