Maher v. O'Conner

This is not an action to foreclose a mortgage, consequently the statutory limitation as to referees’ fees in such cases does not apply. This case is governed' by *104section 3297, Code of Civil Procedure. The referee was appointed “ to sell real property, pursuant to a judgment in an action” other than an action to foreclose a mortgage, and his fees under this section are the same as those allowed to the sheriff. Under section 3307, subdivisions 7 and 11, the sheriff is entitled to two and one-half per cent upon the sum recovered, not exceeding $250, and one per cent upon the residue. It is…