Legal Opinion

Hardwick v. Bassett

Michigan Supreme Court

Decided January 27, 1874PublishedCited by 4 opinions

Appeal in Chancery from Alpena Circuit.

1Opinion of the Court

Cooley, J..This is a foreclosure case'in which a bill Las been taken *18as confessed against all the defendants, and decree entered for the amount due on the mortgage, including seventy-five dollars for an attorney’s fee, the power of sale having provided that in case of foreclosure “a reasonable number of dollars ” might be deducted from the proceeds of sale for an attorney’s, solicitor’s or counselor’s fee. The allowance of this sum was erroneous, as the clause which permitted it could only have reference to a foreclosure under the power of sale. — Sage v. Riggs, 12 Mich., 313.

After the…

2Cases cited1 opinion

  1. Sage v. RiggsMichigan Supreme Court · 1864

3Cited by4 opinions

  1. Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
  2. American Freehold Land Mortgage Co. v. McCallSupreme Court of Alabama · 1892
  3. Damon v. DeevesMichigan Supreme Court · 1886
  4. Podrat v. OberndorffCalifornia Supreme Court · 1929

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