Moran

With the exception that the amounts are different, and the mortgage is upon different property, this case is exactly like No. 12197, between the same parties, decided this day, in all that relates to the cause of action set out in the first count of the complaint, and in all that relates to the course of procedure in the cause, and the judgment and decree therein rendered. Without repeating the history of the case in detail, on the authority of the decision in said No. 12197, we hold that the objection to the judgment and decree is not well taken, so far as the same relates to the cause of action set out in the first count of the complaint.

*103 The mortgage was exactly the same as the other on the subject of future advances and indebtedness. Long after the date of the mortgage and of the note therein set out (the subject-matter of the first count), the mortgagor made and executed to the mortgagee, plaintiff herein, his promissory note for the sum of $1,303, payable on the 1st of September, 1884, with interest at the rate of one per cent per month, which note contained these clauses: “In case of suit to collect this note, or any part thereof, I agree to pay attorney’s fees and…