Lammon v. Austin

The opinion of the court was delivered by

Stiles, J.

This was an action to foreclose a mortgage upon real estate. The note contained no provision for attorney’s fees, but the mortgage had the following clause:

“And out of the money arising from said sale to retain the said principal and interest . . . together with the costs and charges of making such sale and of suit for fore*200closure, including counsel fees at the rate of ten per cent, upon the amount which may be found to be due for principal and interest by the said decree. ’ ’

Before the time for answer expired, the defendant paid into court…