PARTITION, § 71 — when taxing of costs against property was proper in partition suit. Where defendant in partition suit appealed from order taxing as costs against property allowance for plaintiffs' solicitor's fees, and defendant contended that no attorney's fees should be assessed as costs because suit was not amicable one and defendant was required to employ attorney to protect his interests, held that there was no technical rule governing exact apportionment of costs in partition suit, but court was required to apportion same equitably, and no error occurred since trial court did not abuse its discretion.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE WHEAT.
Not to be published in full. Opinion filed February 28, 1946; rehearing denied May 7, 1946; released for publication May 8, 1946.