#### O. Z. EASON et al. v. J. W. JONES, Commissioner in the Matter of O. Z. EASON et al. v. MALCOM EASON.

(Filed 23 September, 1925.)

Appeal by defendant from Johnston Superior Court. Bond, J.

Special proceeding, for tbe sale of land for partition pending in tbe Superior Court of Jobnston County. Plaintiff alleges that tbe clerk made an allowance to tbe commissioner appointed to sell tbe land far in excess of that allowed by law, and alleges that defendant unlawfully retained proceeds of tbe sale, and let it pass through bis bands as assets of tbe estate upon wbicb be bad administered, tbe same being retained in addition to tbe sum allowed by tbe clerk as commissioner’s fees and taxed in tbe bill of cost, in accordance witb C. S., yol. Ill, 766(a). From a judgment reversing tbe order of tbe clerk, tbe defendant appealed.

Harry P. Johnson, Leon G. .Stevens for plaintiff.

B. L. Ray for defendant.

Pee Cueiam.

Tbis is purely a question of fact, and upon tbe evidence tbe court below bas determined wbat tbe facts are. Tbe judgment of • tbe court below must be

Affirmed.