Goodlett

This is a suit to foreclose a mortgage. The cause was tried in the superior court without a jury, and findings expressly waived by the parties. The court made and entered a decree in favor of the plaintiff, adjudging, among other things: —

“ That there is due to plaintiff upon the mortgage debt mentioned in the complaint, and still remains unpaid, the sum of twelve thousand six hundred and eighty-three 7-100 dollars ($12,683.07), in gold coin of the United States, for principal and interest of said debt, together with the sum of six hundred and twenty-four 15-100 dollars ($624.15), attorney's fees fixed by the court, aggregating a total sum of thirteen thousand three hundred and seven 22-100 dollars ($13,307.22), due and unpaid to plaintiff upon said notes and mortgage, and that the defendant the St. Elmo Investment Company, an association composed of Robert N. C. Wilson, Charles R. Redick, A. M. Thornton, F. H. Lowell, and Samuel Merrill, and transacting business under said name as St. Elmo Investment Company as a common name, is personally liable therefor, and for all of the said debt, to wit, the sum of thirteen thousand three hundred and seven 22-100 dollars ($13,307.22). It…