Berens v. Ker

This suit is brought via ordinaria on a promissory note, secured by mortgage executed before a notary and two witnesses. *97This aet contains the common clause inserted in mortgages given to secure loans of money, stipulating that the debtor on failure to make prompt payment shall pay ñve per cent on the amount sued for as attorney’s fees for collection as well as all legal costs that may accrue. The act contains a confession of judgment by the debtor, who also renounces the benefit of appraisement in the event of a sale of the property, and consents that it be sold for cash to the highest…