Succession of Howell

Citations

• 121 La. 955
• 46 So. 933
• 1908 La. LEXIS 777

Syllabus

<p>1. Mortgages — Foreclosure —Attorney’s Fees.</p> <p>A creditor, bolding an act of mortgage given by bis debtor to bim to secure payment of a loan of money, which act declares that the mortgage covers a certain percentage for attorney’s fees in case of suit, must, in order to obtain a judgment for such fees, allege and prove the existence of the facts and circumstances which go to warrant a demand for attorney’s fees under that clause.</p> <p>2. Executors and Administrators — Claims Against Estate — Interest.</p> <p>The homologation of a provisional account filed by an administrator, in which he seeks authority from the court to pay out of the funds of the succession then in his hands the interest-bearing debts therein recognized, with the interest thereon due up to the date of the filing of the account, does not cut off a creditor from demanding and receiving interest which may accrue on his claim subsequently to the filing of the account up to the date of the actual payment thereon.</p> <p>(Syllabus by the Court.)</p>