Lammon v. Austin

Citations

• 6 Wash. 199
• 33 P. 355
• 1893 Wash. LEXIS 261

Syllabus

<p>FORECLOSURE OF JIORTGA&E— ATTORNEY FEES.</p> <p>Although a mortgage may provide for the payment to the mortgagee out of the proceeds of sale on foreclosure, of “counsel fees at the rate of ten per cent, upon the amount which may be found to be due for principal and interest by the said decree ” of sale, the mortgagor is not liable to the payment of such counsel fee where, before the expiration of the time for answering in the foreclosure suit, he pays into court the full amount of principal and interest and costs to date. (Dunbar, C. J., dissents.)</p>