Jones v. First National Bank

A demurrer to' the return of the original writ having been sustained, the bank obtained a peremptory writ of mandamus against Jones, public trustee, requiring him to give the bank a certificate of sale, and forbidding him to accept, in redemption, less than the amount of the bid of the bank, and he brings the case here for review.

The bank held a note for a balance of $4,000, plus interest, taxes and attorney’s fees. The note provided for ten per cent, attorney’s fee “in case of suit upon this note, or if collected by an attorney with or without suit.” The trust deed securing this note did…