Stewart v. Abernathy

WOOD (Parker), J.

Plaintiff appeals from “that portion of the final decree in partition” wherein it was ordered that the referee “pay to defendant Ida A. Maire $40.00 for her costs and $75.00 for fee for her attorney.”

Plaintiff and Rachael J. Abernathy, deceased, each owned an undivided one-half interest in two parcels of real estate, one improved and one unimproved. The improved property was encumbered with a deed of trust under which Ida A. Maire was the beneficiary, and the Title Insurance and Trust Company was trustee. Plaintiff commenced this action for partition of both parcels on…