Clawson v. Munson

Citations

• 55 Ill. 394

Syllabus

<p>Foreclosure—recovery of attorney's fee. Held, where a mortgage, given to secure the payment of three promissory notes calling for a specific sum of with interest thereon, provided, in express terms, that in case of default in payment, the mortgagor shall “ pay all costs of collection of said sum of money,” and also all “ attorney’s fees,” that in a proceeding by scire facias to foreclose, under the twenty-third section of chapter forty-seven, revised statutes of 1845, a reasonable amount could be recovered for attorney’s fees, although such amount does not rest in computation, but must be ascertained by evidence aliunde, and the objection, that no attorney’s fee was due at the commencement of the suit will not avail.</p>