Brush v. the Barnett National Bank of Cocoa

A mortgage on real estate was given to secure the payment of two promissory notes'. One M. Theresa Brush was the mortgagor and it appears from the record that she died prior to the maturity of the second' note, leaving no will. Foreclosure was begun by the mortgagee against the heirs at law, no deficiency judgment being prayed. The Court awarded a final decree of foreclosure from which this appeal is taken.

Each of the notes' secured by the mortgage provided for an attorney’s fee of ten per cent while the mortgage itself contained a clause whereby the mortgagor agreed to pay all attorney’s…