Judgment reversed upon Section 1910 of The Oode.
Ray v. Banks, 120 N.C. 389 (1897)
Feb. 1897
·
Supreme Court of North Carolina
120 N.C. 389
G. D. RAY et als. v. W. B. BANKS et als.
Special Proceedings — Partition Sale— Commissioner— Compensation.
The compensation to a Commissioner for making partition sale being fixed by Section 1910 of The Code, no additional allowance can be made on account of extra trouble or expense.
Spboial PROCEEDING, for the sale of land for partition,' pending in the Superior Court of Yancey county. The Clerk refused to make an allowance to the Commissioner appointed to sell the land in excess of that allowed by The-Oode, and upon appeal to the Judge of the Superior Court the Clerk’s ruling was reversed and plaintiffs appealed.
Messrs. Hudgins <& Watson, for plaintiffs (appellants).
Messrs. W. N. Moore and A. G. Avery, for defendants.