Legal Opinion
British & American Mortgage Co. v. Stuart
Court of Appeals for the Fifth Circuit
Decided January 6, 1914No. 2,538PublishedCited by 14 opinions
Petition to Superintend and Revise Proceeding of the District Court of the United States for the Middle District of Alabama; Thomas G. Jones, Judge. In the matter of' Henry E. Vandiver, bankrupt. Petition by British & American Mortgage Company, Dimited, to revise an order disallowing a claim for attorney’s fees claimed under a mortgage.
1Opinion of the Court
SHELBY, Circuit Judge.
The petitioner had a mortgage on the bankrupt’s real estate, which contains the following stipulations as to attorney’s fees:
“That the parties of the first part hereby agree to pay the attorney’s fees, and all other expenses which may be incurred by the said mortgagee, its successors or assigns, in the collection of, or in attempting to collect the several sums, herein secured, by a foreclosure of the mortgage, or otherwise, or for enforcing or attempting to enforce any of the terms or provisions hereof, with or without suit, for the payment of which this conveyance is a…
2Cases cited16 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Springstead v. Crawfordsville State BankSupreme Court of the United States · 1913
- Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
- Riggin v. MagwireSupreme Court of the United States · 1873
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- First Savings Bank & Trust Co. v. StuppiCourt of Appeals for the Eighth Circuit · 1924
- In Re HaginDistrict Court, E.D. Louisiana · 1927
- American Nat. Ins. Co. v. SchenckCourt of Appeals of Texas · 1935
- Hoffecker v. SmithCourt of Appeals for the Fifth Circuit · 1923
9 more not listed; retrieve them via the Exa API.