Gordon v. Decker

Citations

• 19 Wash. 188
• 52 P. 856
• 1898 Wash. LEXIS 348

Syllabus

<p>MORTGAGES — ATTORNEYS1 FEES — ASSIGNMENT OF NOTE AND MORTGAGE AFTER MATURITY — EQUITIES.</p> <p>Where an attorney’s fee is provided for in terms in a note or mortgage the same .must be allowed by the court regardless of its reasonableness, if the instrument was executed prior to the taking effect of the law permitting the court to fix such amount as it may deem reasonable. (Laws 1895, p. 81, Bal. Code, §. 5166.)</p> <p>Where a note is bought after maturity, the purchaser takes it subject to all the equities that existed between the original parties to its execution, and the fact that the maker has seen fit to place a demand arising out of the transaction in the shape of a judgment, will not estop ¡him from pleading his equities against a purchaser of the note after maturity.</p>