Maus v. McKellip

In a mortgage executed by Jacob Erb and -wife, to secure the payment of seven thousand dollars, the mortgagor, Jacob, covenanted not only to pay the mortgage debt on a day therein named, but also the costs of drafting and recording the mortgage and “ all counsel fees and costs that the said John Mans may he put unto in collecting the debt aforesaid, or in releasing this mortgage.”

Upon a bill filed in the Circuit Court for Carroll County, by the said Maus, mortgagee, to foreclose the mortgage, a decree was passed and a trustee appointed to sell the mortgaged premises.

Afterwards, Erb, the…