Buchan v. Buchan
New York Supreme Court
Motion by plaintiff and certain defendants to fix and determine the amount of the referee’s fees and commissions in an action in partition of real property.
1Opinion of the CourtGiegerich, J.
The motion is made by the plaintiff to have the amount of the fees and commissions of the referee fixed. The action is in partition. The premises embraced in the action were subject to a mortgage of $12,000 at the time of the death of the testator, from whom the parties to the action took their title. The plaintiff’s share was three-fifths. Before the interlocutory judgment in partition was entered the plaintiff paid off the mortgage of $12,000, with interest, out of her personal funds. The interlocutory judgment found that she had a specific lien upon and was entitled to be repaid from the…
2Cases cited3 opinions
- Race v. . Gilbert, Etc.New York Court of Appeals · 1886
- Duffy v. MullerNew York Supreme Court · 1906
- Maher v. O'ConnerNew York Supreme Court · 1881
3Cited by1 opinion
- Schorner v. SchornerNew York Supreme Court · 1985