Succession of Monnier

Citations

• 13 Tiess. 377

Syllabus

<p>Syllabus.</p> <p>Where the mortgage creditor employs counsel because his debt can be collected through judicial proceedings alone, the fact that at the instance and for the benefit of the debtor estate, he consents that the proceeding for the discharge of the debt assume the form of a succession sale, does not impair his claim for attorney’s fees under a stipulation in the act of mortgage entitling him thereto “in case it shall become necessary to institute legal proceedings for the recovery” of the mortgage debt.</p>