Branyan v. Kay

Citations

• 33 S.C. 283
• 11 S.E. 970
• 1890 S.C. LEXIS 145

Syllabus

<p>A stipulation in a mortgage that the mortgagor will pay ten per cent, for attorneys’ fees in case the debt is collected by suit, is binding upon the mortgagor; and the debt is collected by suit when it is paid under the terms of a decree in a suit for partition among the heirs of the mortgagor, to which suit the mortgagee is made a party-defendant and answers claiming to be paid his debt according to the terms of the mortgage.</p>