Nelson v. Everett

Cole, Ch. J.

The petition contains the usual and necessary averments in an action upon a note and to foreclose a mortgage given to secure the payrdent of the same, and contains also this further averment: “ That at time of the execution of said note and mortgage, and as part of the consideration thereof, said defendant, Lyman Everett, expressly agreed, that, if it became necessary to foreclose the mortgage, the court should allow a reasonable amount as attorney’s fee, and taxed as part of the costs of foreclosing the same, which said agreement is part of said mortgage, and a clause thereof;”…