Lender v. Caldwell
Supreme Court of Kansas
Error from Bourbon Bounty. The facts of the case are fully set forth in the opinion of the court, hereto appended. submitted : 1. The allowance of $40 attorney’s fees is not only unauthorized, but it is expressly prohibited by statute. “No court shall tax over two dollars as attorney’s fees, in any case, for foreclosure of any mortgage, or trust deed, or for collection of the same.” (Comp. L., p. 722, oh. 149, § 8.) a.
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Error from Bourbon Bounty. The facts of the case are fully set forth in the opinion of the court, hereto appended. submitted : 1. The allowance of $40 attorney’s fees is not only unauthorized, but it is expressly prohibited by statute. “No court shall tax over two dollars as attorney’s fees, in any case, for foreclosure of any mortgage, or trust deed, or for collection of the same.” (Comp. L., p. 722, oh. 149, § 8.) a. If it is said that the mortgage contained a clause authorizing- “a reasonable attorney’s fee for foreclosure,” the answer is — 1. The record does not show any such thing; and,…
1Opinion of the Court
Ay the Court,
Kingman, C. J.
This was an action brought to foreclose a mortgage given to secure a promissory note, of which the following is a copy:
“Fort Scott, Kansas, April 9th, 1867.
“Four months after date, I promise to pay'to the order of John Caldwell, the sum of three hundred and eighty-three and thirty-four one-hundredths dollars, (but if paid at the expiration of three months, the amount to be $350.00,) negotiably and payable without defalcation or discount, with interest on $300.00, at the rate of ten per cent, per annum, from date, (the remainder to bear no interest,) hereby waiving…
2Cited by14 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
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- Dexter v. CochranSupreme Court of Kansas · 1877
- Tacha v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1916
- Tholen v. DuffySupreme Court of Kansas · 1871
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