Davidson Grocery Co. v. United States Fidelity & Guaranty Co.

HOLDEN, J. —

This is an action to recover attorney fees on the undertaking of appellant, United States Fidelity and Guaranty Company. The facts are: On the twenty-sixth day of February, 1927, the respondent commenced suit in the district court of Jerome county, to foreclose a mortgage against Eugene G. Gauss and Lydia M. Gauss, his wife, mortgagors, covering real property located in that county, and decree of foreclosure was rendered and the mortgaged property sold at sheriff’s sale on October 7, 1927, to the respondent, plaintiff in said foreclosure suit. On the twenty-ninth day of September,…