Tuten v. Gazan

The Chief-Justice

delivered the opinion of the court.

This was a bill in equity to foreclose a mortgage- upon personal property filed by appellee. The bill shows that Tuten,’ at Quitman, Georgia, made his note to Gazan for fifty dollars, with interest, and “ ten per cent, attorney’s fees if legal proceedings - are commenced for collection.” *752Tuten, at: the same, time, executed a mortgage upon horses and other stock to secure payment of the note, which .was given for plantation supplies, as well as to secure the payment of such other advances as: Gazan “ may make to the party of the second part…