Gould

Gould v. Crawford

Good Law
1920 Cal. App. LEXIS 332·48 Cal. App. 389·292 P. 88
Court of Appeal of CaliforniaJune 30, 1920Civ. No. 3359.California1,181 words

Opinion

Lead Opinion

Brittain, J.

Goerge E. Mills and Belle Haecker Mills, sued as junior encumbrancers, appeal from a judgment decreeing the foreclosure of a mortgage on real property and "from an order made after judgment permitting the filing, nunc pro tunc, of a waiver of notice signed by the original mortgagors and called to the attention of the court "before the amendment of the complaint in regard to which the appellants make their principal contention.

[1] It is contended that the court erred in allowing ■attorneys’ fees in the sum of $250. The evidence was that the plaintiff agreed with her attorney'that the court was to fix the amount of the fee, but that if the plaintiff should be compelled to buy the property at the foreclosure sale to 'protect her interest the attorney was to receive $100. The judgment was for nearly $6,500, and of the fifty-odd defendants, the appellants were the only ones who actively engaged in the litigation. Their activities in the suit were most diligently carried forward. Their counsel acting in their behalf presented to the court practically every technical problem the law permitted. Upon a consideration of the entire record the amount of attorneys’ fees allowed appears both…

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