In Re Hagin

On Rehearing.

Upon the original submission of the petition for review, an opinion was filed sustaining the referee’s order allowing an attorney fee of $400 to the first mortgage creditor, in accordance with a rule established in this district since 1911, when the cases of In re Ferreri, 188 F. 675, and In re Fabacher, 193 F. 556, were decided, and in which, upon ■ equitable considerations, such fees were .allowed, notwithstanding it was held that the mortgagee was- not entitled to the 10 per cent, stipulated for' in the act of mortgage, because the debt had not matured before adjudication in •…