Travelers Insurance Co. v. Staiger

The suit which resulted in this appeal by W. L. Cooper, one of the seven defendants, was instituted to recover judgment upon a promissory note in the sum of $4,000, signed by the defendants, Paul and Johanna H. Staiger, to foreclose a real estate mortgage executed by them to secure payment of the note, and to secure a decree holding that the rights of the other five defendants in the real property described in the mortgage were inferior to the lien of the mortgage. The note made provision for the payment of an attorney’s fee in the event of default. From the mortgage we quote:

“In any suit to…