Russell

Foreclosure of mortgage on real estate. The mortgage contained the following provision: “In any action which may be brought to foreclose this mortgage, the said party of the second part shall recover in said gold coin not only all moneys which may be due on said note, but also any and all sums paid for taxes and assessments, or encumbrances, or insurance, with interest thereon as aforesaid, and also counsel fees, at the rate of ten per cent upon the amount due, and all costs and charges attending the foreclosure, including such sums as may have been paid for searching the title of said premises since the date of the record of this mortgage, and that said counsel fees shall be paid whether judgment be entered in said action or not.”

The court found that there is owing as counsel fees the sum of one hundred dollars, two dollars and fifty cents paid out for search of title since the mortgage was recorded, and also the *479 sum of thirteen dollars costs of suit, making the aggregate sum, with the principal and interest of the note, of four thousand nine hundred and eighty-six dollars and thirty-seven cents, “which is a lien upon and against said premises.” Directions to docket any…