Hardin v. Ross
Mississippi Supreme Court
Appeal from the chancery court of Calhoun county. HoN. J. G. McGoweN, Chancellor. Suit by W. EL Hardin and another against J. F. Ross- and another. Prom the judgment rendered, plaintiff appeals. The facts are fully stated in the opinion .of the court. The contention of the appellants is: First, that having elected to foreclose in pais that attorney’s fees were not allowable. Authority: Turberville y.
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Appeal from the chancery court of Calhoun county. HoN. J. G. McGoweN, Chancellor. Suit by W. EL Hardin and another against J. F. Ross- and another. Prom the judgment rendered, plaintiff appeals. The facts are fully stated in the opinion .of the court. The contention of the appellants is: First, that having elected to foreclose in pais that attorney’s fees were not allowable. Authority: Turberville y. Simpson, 47 So. 784, predicated on authority of Tompkins v. Drennan (Alabama), 10 So. 638, which last please read carefully; second, attorney’s fee was not allowable even on the dissolution of…
1Opinion of the CourtCook, P. J.
We think that appellants state the narrow and sole question in this case. The only question is whether or not the defendants, appellees here, were entitled to demand attorney’s fees, in addition to the debt described in the deed of trust, interest thereon, and matured expenses at the time the tender was made.
The facts are about as follows: On the 6th day of January, 1915, one L. E. Caldwell and his wife executed a deed of trust on certain lands in Calhoun county to secure an indebtedness due to one P. M. Barton; the indebtedness as described in the deed of trust of record being “the sum of…
2Cited by3 opinions
- State v. ScelfoNew Jersey Superior Court Appellate Division · 1959
- Great Southern Land Co. v. Valley Securities Co.Mississippi Supreme Court · 1931
- State v. BerkoNew Jersey Superior Court Appellate Division · 1962