Phœnix Bldg. & Homestead Ass'n v. E. A. Carrere's Sons

BRYAN, Circuit Judge.

This is an appeal from a decree in bankruptcy which disallowed a claim of the appellant homestead association to an attorney’s fee according to the terms of a mortgage which it held against the bankrupt.

Appellant’s mortgage was dated May 15, 1926, and was a first lien upon a lot in the city of New Orleans, which was taken possession of by the trustee in bankruptcy on June 30,1926, upon the mortgagor being adjudged a bankrupt, and was afterwards sold free of liens. There were a second mortgage and other claims, which were asserted as liens, that accrued subsequently to the…