Hoffecker v. Smith

WALKER, Circuit Judge.

Upon the adjudication of bankruptcy in September, 1921, the trustee took possession of described lots of land in El Paso, which were owned by the bankrupt, subject to a deed of trust executed by him in January, 1921, to secure his five promissory notes, aggregating $5,500, with interest thereon; none of the principal or interest being due at the date of the bankruptcy adjudication. Each of the notes contained the following provisions:

“Together with 10 per cent, thereon and upon the coupon notes thereto attached as attorney fees should this note or said coupons be placed…