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· 11/16/1896

Ames v. Bigelow

Citations

  • 15 Wash. 532
  • 46 P. 1046
  • 1896 Wash. LEXIS 242

Syllabus

<p>MORTGAGE FORECLOSURE — INSUFFICIENCY OF EVIDENCE — STIPULATION FOR ATTORNEY’S FEES.</p> <p>A finding by the court in a foreclosure proceeding that a mortgage had become' due prior to the date of its maturity is warranted, when the mortgage provides that the mortgagee has an option to declare the whole sum due for failure to pay any installment of interest, and there is evidence sufficient to show such election.</p> <p>The action of the court in allowing the attorney’s fee provided in a note and mortgage as payable in case of foreclosure is warranted, although there is no other proof of the value of services in such proceedings t an the agreement contained in the instruments sued upon, which had been introduced in evidence.</p>

Judges: Hoyt

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