HOME SAVINGS AND LOAN ASS'N v. Iowa City Inn, Inc.

Plaintiff’s appeal calls for a determination of the amount of attorney fees taxable for its attorney as a part of the court costs in a real estate mortgage foreclosure. There is no dispute as to the nature of the fee or that the sum due on the note and mortgage was paid after return day, but before judgment. The only dispute concerns the application of section 625.25, Code, 1962.

The note and mortgage provided for payment, of attorney fees of plaintiff’s attorney. Both gave the holder the option of declaring the entire indebtedness due and collectible by foreclosure or otherwise upon default…