Neiman v. Wheeler

Mr. Presiding Justice Sears

delivered the opinion of the court.

The court was perhaps warranted upon the evidence in finding that there was a contract for usurious interest, and therefore in refusing to allow the full claim of appellant under her mortgage. But there is no theory upon which the court could properly deny relief in the allowing of the claim for principal (less credits), and costs and reasonable solicitor’s fees. The mortgage provides for an amount of solicitor’s fees which we agree with the chancellor in viewing as exorbitant. But this does not preclude the right to a reasonable…