Great Southern Land Co. v. Valley Securities Co.

In the distribución of the proceeds of the foreclosure sale, was the Land Company entitled to be credited with any attorney’s fee whatsoever? The mortgage, as stated, made no provision for the payment of attorney’s fees. There is no reference whatever in the mortgage to the fact that the notes evidencing the debt secured by the mortgage had £-ny provision for the payment of attorney ’s fees; and the evidence showed without conflict that the Securities Company had no actual notice that the notes provided for the payment of attorney’s fees. The fact that they do so provide wras not referred to…