Klokke v. Escailler

Citations

• 124 Cal. 297
• 56 P. 1113
• 1899 Cal. LEXIS 989

Syllabus

<p>Foreclosure oe Mortgage—Attorney’s Fees—Lien—Special Damage —Personal Judgment.—In an action to foreclose a mortgage, a provision for attorney’s fees therein contained cannot be charged as a lien upon the land, unless expressly so charged by the terms of the mortgage. If not so charged, the fees are in the nature of special damage, which may be pleaded and recovered against the mortgagor.</p> <p>Id.—Pleading oe Attorney’s Fees.—An averment in the complaint that a specified sum “Is a reasonable sum to be allowed plaintiff as his attorney and counsel fees for the foreclosure of this mortgage'’ is sufficient to authorize a personal judgment for attorney’s fees.</p> <p>Appeal erom Judgment—Failure to Find upon Issues Raised by Answer—Absence oe Evidence.—Upon an appeal from the judgment, the failure to find upon issues presented by the answer will not be considered, where no evidence appears from the record to have been adduced thereupon, and where the findings made support the judgment.</p>