Legal Opinion

Perry v. John Hancock Mut. Life Ins.

Court of Appeals for the Fifth Circuit

Decided October 13, 1924No. 4254PublishedCited by 1 opinion

1Opinion of the Court

KING, Circuit Judge.

The question in this case is whether, where a deed to secure a debt for principal, interest, and attorney’s fees is being foreclosed as a mortgage in the United States District Court, a decree is proper to be rendered for the attorney’s fees as well as for the principal and interest due upon said debt. That such a debt can be foreclosed in equity as a mortgage in the United States court is well settled.

The statute regulating attorney’s fees in Georgia may be found in Code of Georgia of 1910, § 4252, which reads as follows:

“Obligations to pay attorney’s fees upon any note…

2Cases cited6 opinions

  1. Hamilton v. RogersSupreme Court of Georgia · 1906
  2. Evans v. Atlantic National BankSupreme Court of Georgia · 1918
  3. Peeples v. StricklandSupreme Court of Georgia · 1897
  4. Howard v. CarrollDistrict Court, D. Maryland · 1912
  5. British & American Mortgage Co. v. WorrillU.S. Circuit Court for the Northern District of Georgia · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Oxford Production Credit Association v. Gordon L. DuckworthCourt of Appeals for the Fifth Circuit · 1982

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