Tubberville v. Simpson

Citations

• 94 Miss. 154
• 47 So. 784

Syllabus

<p>1. Chattel Mortgages. Promissory note. Attorney’s fees. Purchaser of encumbered chattels.</p> <p>Where a promissory note, stipulating for the payment of an additional sum as an attorney’s fee in case of its being placed in the hands of an attorney for collection, was secured by a recorded chattel mortgage, a purchaser of the chattels from the mortgagors, acquires them subject to a lien securing the attorney’s fee as well as the original fee, although the recitals of the mortgage descrip- ' five of the note do not mention any promise to pay an attorney’s-fee.</p> <p>2. Deeds or Trust. Trustee’s fees. Attorney’s fees.</p> <p>Where a note promising toi pay an attorney’s fee in case it is placed' in the hands of an attorney for collection is secured by a deed of trust, it is proper to charge a fee on sums collected by an attorney before sale under the deed and on sums collected by him after litigation, but not on sums collected by the sole efforts of the trustee, to whom trustee’s charges were paid, although turned over to the attorney.</p>