Union Trust Co. v. Shilling
Indiana Court of Appeals
From Clark Circuit Court; J. K. Marsh, Judge. Suit by the Union Trust Company, as receiver of the Mutual Life Insurance Company, against Peter F. Shilling and wife to foreclose a mortgage. From a judgment for plaintiff for less than the amount demanded, it appeals.
1Opinion of the CourtRoby, C. J.
The appellant, as receiver of the Mutual Life Insurance Company of Indiana, procured a decree foreclosing a mortgage against appellees. In estimating the amount due nothing was included for attorney’s fees, *544Insisting that an additional ten per cent., as provided in the bond hereafter set out, should have been included in the judgment, appellant brings the case here.
The right to the attorney’s fee stipulated is the sole question involved in the appeal, and is variously presented. On September 4, 1896, appellee Peter P. Shilling executed a bond to appellant, and secured the payment thereof by…
2Cases cited3 opinions
- Marion Trust Co. v. Trustees of Edwards LodgeIndiana Supreme Court · 1899
- Huter v. Union Trust Co.Indiana Supreme Court · 1899
- Number Four Fidelity Building & Savings Union v. SmithIndiana Supreme Court · 1900
3Cited by2 opinions
- Ottensoser v. ScottSupreme Court of Florida · 1904
- Union Trust Co. v. ScottIndiana Supreme Court · 1908