Rockwell v. Thompson

— This is an action to foreclose .a mortgage, and on this appeal the sole question involved is the amount of attorney’s fees allowable.

It appears that appellants executed a note for $5,900., and interest, in which was a provision to the effect that, in case an action was brought thereon, they would pay such additional sum as might be adjudged reasonable as plaintiff’s attorney’s fees. At the same time, as a part of the same transaction, appellants executed, and delivered a mortgage upon certain real estate to secure the payment of the note. The mortgage contained a provision to the effect…