OPINION
HUMPHREYS, Justice.
We brought this case here to consider whether counsel for a defendant in a partition suit, where the property is sold for partition, is entitled under T.C.A. § 23-2125 to have his fee paid out of the common fund.
In a suit to partition property belonging equally to complainants and defendants, without reference to any conducive facts, the chancellor awarded fees to complainant's counsel in the amount of $1,500.00...
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