Matson v. Frank

Citations

• 86 Wash. 669
• 151 P. 89
• 1915 Wash. LEXIS 1044

Syllabus

<p>Mortgages — Foreclosure — Attorney’s Fees — Statutes. Upon the foreclosure of a mortgage securing the payment of a principal sum and interest according to the terms and conditions of two certain promissory notes, which notes provided for a reasonable attorney’s fee, the superior court is authorized to fix a reasonable sum for attorney’s fees to be included in the judgment and made a lien upon the mortgaged property; in view of Rem. & Bal. Code, § 474, which provides that the compensation of attorneys shall be left to the agreement of the parties, with allowances to the prevailing party of certain sums for expenses as costs, and § 475, providing that, in all cases of foreclosure of mortgages, the amount thereof shall be fixed by the court at such sum as the court deems reasonable, any stipulation in the note or mortgage to the contrary notwithstanding, but the fee in no case to be fixed above the contract price stated in the note and mortgage.</p>