Carpenter v. Carpenter

Citations

• 104 Miss. 403
• 61 So. 421

Syllabus

<p>1. Petition. Allowance of attorney fees. Appeal and error. Stipulations. Parties entitled to allege error. Code 1906, section 3542.</p> <p>While as provided by Code 1907, section 3542, the court may in all cases of the partition or sale of property for division of proceeds allow a reasonable solicitor’s fee to the solictor of complainant to be taxed as a common charge on all the interest involved, yet this should not be done where defendants have a “just occasion to have their own counsel in the case;” and such occasion is shown where the defendant’s attorney found several errors in connection with the statement of the property to be partitioned, which errors it was necessary to correct, for a proper and legal division of the land.</p> <p>2. Appeal and Error. Waiver. Parties entitled to claim error.</p> <p>Where a decree in partition erroneously allowed a solicitor’s fee to complainant’s solicitor, to be taxed as a common charge on all the land, it will not be reversed as to such defendants ■ who appealed, but who had previously signed an agreement that the decree might be carried into effect, nor as to such defendants as did not appeal and made no response, though summoned to appear in the appeal.</p>