Murrell v. Zittrouer

DREW, Justice.

Sam E.-Murrell, Jr., sued to foreclose a first mortgage. The then owners of the fee to the lands encumbered by the mortgage, the original mortgagors and the owners of a second mortgage were made parties defendant. The .mortgage, and note for which it was- security, contained the usual provisions pertaining, to payment of reasonable attorney’s fees in event of default. Plaintiff alleged he had obligated himself to pay a reasonable attorney’s fee to Robert G. Murrell, his attorney of record. On January 15, 1954, after a decree pro confesso had been entered agáinst the makers of…