Schmidt v. Potter
Supreme Court of Iowa
Appeal from Clinton Circuit Court. Action for the foreclosure of a mortgage, and the recovery of an attorney’s fee. The mortgage contained the following provision : “ In the event of the foreclosure of this mortgage it is agreed that $60 attorney’s fee shall be by the court also taxed, and included by the court in the decree of foreclosure of this mortgage; and the mortgage shall also stand as security for the same, and the same shall be included in the special execution,…
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Appeal from Clinton Circuit Court. Action for the foreclosure of a mortgage, and the recovery of an attorney’s fee. The mortgage contained the following provision : “ In the event of the foreclosure of this mortgage it is agreed that $60 attorney’s fee shall be by the court also taxed, and included by the court in the decree of foreclosure of this mortgage; and the mortgage shall also stand as security for the same, and the same shall be included in the special execution, and be made with the other money and costs on the sheriff’s sale of said land.” On the 24th day of April, 1872, and at the…
1Opinion of the CourtDay, J.
The mortgage provides that “in the event of foreclosure * * * sixty dollars attorney’s fee shall be by the court also taxed, and included in * * * * the decree of foreclosure.” Appellant insists that this agreement has reference to the completion of foreclosure proceedings; while appellee contends that it refers to the commencement of such proceedings. Upon the one hand it is insisted that it would be unreasonable to allow the mortgagee, by simply placing' an original notice in the hands of the sheriff for service, to fix the liability of his *428debtor for the attorney’s fee. And upon the other…
2Cited by3 opinions
- Tice v. TiceSupreme Court of Iowa · 1929
- Lammon v. AustinWashington Supreme Court · 1893
- Merrill v. JonesNebraska Supreme Court · 1894