Dahlberg

This is an appeal from an order amending a final decree of partition is so far as it related to fees awarded for services of counsel and referees employed in the litigation.

The interlocutory decree found that both plaintiff and defendant had incurred and expended reasonable counsel fees for the common benefit and recited that the matter of fixing the costs of partition, -including counsel fees, should be reserved for the final decree. When the final decree was made the reasonable value of the services of counsel and of the referees was determined, but the trial court, through inadvertence, ordered such fees to be paid directly to the counsel and referees rather than to the parties to the litigation. Thereafter the decree was amended in so far only as the decree purported to award fees directly to the counsel and referees. Thereafter, on motion of plaintiff, the decree was again amended to read that these awards should be to the parties alone—$1,250 to the plaintiff, with a lien for one-half thereof on the property partitioned to the defendant ; $1,000 to the defendant, with a lien for one-half thereof on property partitioned to the plaintiff; and $300 to plaintiff to cover fees…