Hanna v. Fisher

The appellee filed a claim against the estate represented by the appellant; the claim was founded on. a promissory note stipulating for attorney’s fees. The appellant pleaded as a set-off that the appellee had executed to the testator, Matthias L. Giltner, in his lifetime, a warranty deed; that there was at the time of the execution of the deed a lien for taxes which the covenantee in the deed was compelled to pay.

There was no error in permitting the appellee to. give evidence of the value of the attorney’s fees stipulated for in the’ note. The provision in the note which constituted the…