John Hancock Mut. Life Ins. v. Perry

BARRETT, District Judge.

This was a proceeding in equity to foreclose a security deed. The note secured contained a stipulation for the payment of attorney’s fees. Appropriate notice of intention to bring the proceedings in equity was given more than 10 days prior to the filing of the bill. The defense' to the debt was the mental incompetency of the defendant at the time of the making of the contract. The evidence was voluminous. It was tried before the judge, and he decided adversely to the contention of the defendant as to her incompetency. The single law question involved is as to the right…