Flournoy v. Smith

This appeal was taken from decrees in foreclosure proceedings. The mortgage provided for its foreclosure if any default be made and for “attorney’s fees” for foreclosure. Among others the following interrogatory was addressed to one of the counsel for the complainants : ‘ ‘ Please state any other matter or thing within your knowledge that may be of benefit to either party?” To this “interrogatory, witness saith: My opinion is the defendant is liable for the $2,000.00 note, principal and interest, and the $4,000.00 note less unearned interest at the date of the decree, and that the complainant…