Hardin v. Ross

Citations

• 117 Miss. 186
• 78 So. 2

Syllabus

<p>Mobtgages. Trust deeds. Right to attorney fees.</p> <p>Where default was made in the payment of the amount named in a trust deed and the trustee at the request of the beneficiary advertised the land for sale, but before the date fixed for the sale, a third party bought the land covered by the trust deed and tendered to the trustee the amount mentioned in the deed of-trust, interest thereon, and the accrued expenses for advertising and the trustee’s fees, which the trustee at the instance of the holder of the indebtedness secured, refused to accept but demanded attorney fees in addition. In such case the attorney fees not being mentioned in the trust deed though named in the note evidencing the debt, and the purchaser of the land having no notice of such fees being included in the debt secured, the trustee was wrong in refusing such tender and the purchaser of the land having enjoined the sale by the trustee, the beneficiary could not recover attorney fees for defending such suit since their wrong caused the litigation and the attorney’s fee, all of which was unnecessary.</p>