Rogers v. Crandall
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. Action to recover attorney’s fees for services rendered by appellee in a suit for the foreclosure of a mortgage. Defendant offered to confess judgment for tbe sum of $112 and pleaded that plaintiff was entitled to no more than that amount. In reply plaintiff pleaded an adjudication finding him entitled to the amount claimed, and defendant denied the adjudication.
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Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. Action to recover attorney’s fees for services rendered by appellee in a suit for the foreclosure of a mortgage. Defendant offered to confess judgment for tbe sum of $112 and pleaded that plaintiff was entitled to no more than that amount. In reply plaintiff pleaded an adjudication finding him entitled to the amount claimed, and defendant denied the adjudication. Upon these issues the case was tried to the court, resulting in a judgment for plaintiff for the amount claimed by him. Defendant appeals.
1Opinion of the CourtDeemer, J.
In the year 1904 one Rugg made' a real estate mortgage, his wife joining therein, to Jas. H. Crandall, to secure seven promissory notes of even date with the mortgage. Each note provided for an attorney’s fees “for the maximum amount permitted by statute.” The mortgage itself also provided for the payment of a reasonable attorney’s fee. Crandall died testate, and his wife, defendant in this action, was appointed executrix under the will. Plaintiff is an attorney at law, and, as the notes secured by the mortgage had matured, the executrix concluded to foreclose the same, and she called upon…
2Cases cited4 opinions
- Baxter, Reed & Co. v. MyersSupreme Court of Iowa · 1892
- Bankers' Iowa State Bank v. JordanSupreme Court of Iowa · 1900
- Montgomery v. AldenSupreme Court of Iowa · 1906
- Ainley v. American Mutual Fire InsuranceSupreme Court of Iowa · 1900
3Cited by6 opinions
- Young v. RutherfordSupreme Court of Iowa · 1920
- Wenstrand v. KiddooSupreme Court of Iowa · 1936
- Crandall Realty & Securities Co. v. TanquaryColorado Court of Appeals · 1912
- Crandall Realty & Securities Co. v. TanquaryColorado Court of Appeals · 1912
- Foley v. Iowa Electric Co.Supreme Court of Iowa · 1921
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