Yost v. Coyle

Citations

• 226 Pa. 455
• 75 A. 720
• 1910 Pa. LEXIS 795

Syllabus

<p>Mortgage — Covenants—Payment of taxes — Judgment—Execution— Attorney’s commission.</p> <p>Where a bond with warrant of attorney accompanying a mortgage for $10,000 provides for the payment of taxes by the mortgagor when due, and that upon default of such a payment the whole principal shall become due and execution may issue for the collection of the same together with costs and expenses including an attorney's commission of five per cent, the mortgagee may upon such default enter up judgment on the bond and issue execution forthwith; and he may recover not only principal and interest but also the five per cent, commissions, if it appears that he had notified the mortgagor of the default and had insisted upon payment within a time stated, and the mortgagor made no offer to pay the principal and interest, but started proceedings to open the judgment for inadequate reasons.</p>