Buchanan & Crowder, Inc. v. Kreamer

In mortgage foreclosure proceedings the court decreed for plaintiffs including an award of attorney fees against the defendants in the sum of $7,531.87 for the debt, and $700.00 attorney fees and costs. On appeal by the defendants it is contended that there is no legal predicate in the bill of complaint for the award of attorney fees to the plaintiff.

“It is incumbent upon the mortgagee, who seeks in foreclosure proceedings to recover solicitor’s fees from the mortgagor, to allege and prove that he has paid, or obligated himself to pay his solicitor reasonable fees for the latter’s services in…