Clemens

This is an action of foreclosure of two certain mortgages, the note and mortgages being executed by appellant Luce in favor of respondent Clemens. The note was payable two years after date, interest payable quarterly, and if not so paid then to become a part of the principal and bear a like rate of interest till paid. The note also contained the following provision: “And I further agree that in the event of suit being brought against me then there shall be added to any judgment against me rendered in said suit as counsel fees 'an additional sum of five per centum in like gold coin upon the amount of the principal and interest hereof, accrued at the time of the entry of such judg *435 ment, or, if paid before judgment and after action commenced, then on the amount at the date of payment.” The mortgages recited that if default be made in the payment of the interest, or any part thereof, according to the tenor of said note then the whole sum of principal and interest shall become immediately due, and the mortgagee may proceed with suit of foreclosure and sell the mortgaged premises in the manner provided by law. The mortgages also contained the recitals, that they are given “ as…