Klokke

Klokke v. Escailler

Good Law
124 Cal. 297·1899 Cal. LEXIS 989·56 P. 1113
Supreme Court of CaliforniaApril 14, 1899L. A. No. 589California1,153 words

Opinion

Lead Opinion

Foreclosure of a mortgage on real estate. The complaint is verified. Plaintiff had judgment, from which defendant, Catharine S. Escailler,appeals on the judgment-roll alone. Appellant objects to the judgment upon two grounds: 1. That it was error to allow attorney’s fees; and 2. That the count erred in failing to find upon the issues raised hy her answer.

1. The mortgage was given to secure the payment of a promissory note. Upon the subject of attorney’s fees it contained the following provision: Upon default ‘The mortgagee may foreclose this mortgage, and may include in said' foreclosure a reasonable counsel fee, to be fixed hy the court, together with *298 all payme'nts made by the mortgagee for insurance upon the buildings on said premises, and for any adverse claims to the mortgaged property, for searching title to the mortgaged premises, to the execution hereof, and for taxes on said premises, other than the taxes on this mortgage, or the money hereby secured, all of which payments the mortgagee is hereby authorized to make, and the same, with interest thereon at the same rate as provided in said promissory note, shall be deemed to be secured by this mortgage and payable to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.