Skidmore v. Stewart
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. JAMES E. Horton, Jr. Bill by S. E. Stewart against Laura E. Skidmore and her husband to foreclose a mortgage. From a decree for complainantj respondents appeal. The mortgage was overdue, and was given to secure a promissory note of even date, and was given on the crops, stocks, and lands. The note stipulated that the makers “shall pay all costs of collection, including a reasonable attorney’s fee, if not paid at maturity.”
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Appeal from Morgan Chancery Court. Heard before Hon. JAMES E. Horton, Jr. Bill by S. E. Stewart against Laura E. Skidmore and her husband to foreclose a mortgage. From a decree for complainantj respondents appeal. The mortgage was overdue, and was given to secure a promissory note of even date, and was given on the crops, stocks, and lands. The note stipulated that the makers “shall pay all costs of collection, including a reasonable attorney’s fee, if not paid at maturity.” The mortgage provides for a sale under power, and a payment of the expenses of same out of the proceeds of the sale.…
1Opinion of the Court
SOMERVILLE, J.(1) While the mortgage deed provides only for the expenses of a sale under the power, the note provides for an attorney’s fee for its collection if it be not paid at maturity. A foreclosure suit in chancery is one of the legal methods of collection, and complainant is entitled to a reasonable *569allowance for his solicitor’s fee in that behalf, herein incurred or expended.—Stephenson v. Allison, 123 Ala. 439, 449, 26 South. 290. And, of course, the default in the payment of the secured debt sufficiently exhibits a necessity for a suit and its attendant expenses. It is to be…
2Cases cited15 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Scott v. WareSupreme Court of Alabama · 1880
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Tompkins v. DrennenSupreme Court of Alabama · 1891
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3Cited by15 opinions
- West End Sav. Bank v. GoodwinSupreme Court of Alabama · 1931
- Parra v. CooperSupreme Court of Alabama · 1925
- Henry v. IdeSupreme Court of Alabama · 1923
- Patterson v. LoveladySupreme Court of Alabama · 1937
- Southern Surety Co. v. United States Cast Iron Pipe & Foundry Co.Court of Appeals for the Eighth Circuit · 1926
10 more not listed; retrieve them via the Exa API.