Haywood v. Miller

The plaintiff brought an action to recover the amount due upon a promissory note executed by the defendants Miller to the plaintiff November 25, 1889, and to foreclose a mortgage given to secure the same. The defendants did not appear, and default was entered against them.

The court found the facts in favor of the plaintiff as pleaded and found that the note provided that it should bear interest at the rate of twelve per cent, per annum after maturity and that the mortgage provided for an attorney’s fee of twenty per cent, of the entire amount due, but in rendering its decree thereon, the…