18 Neb. 593 | Neb. | 1886
This action was brought in the district court of Platte county to foreclose a mortgage upon certain real estate executed by Minerva A. Bailey and Gurdon B. Bailey, on the 18th day of February, 1879. The mortgage contains this provision: “And in case of a foreclosure of this mortgage a sum equal to ten per cent of the whole amount due shall be awarded in addition to the judgment, as an attorney’s fee.” It is alleged in the' petition, in substance,
' The act of February 18th, 1873, providing for attorneys’ fees was as follows: “That in all actions for the foreclosure of a mortgage or upon a written instrument for the payment of money only, there shall be allowed to the plaintiff, upon the recovery of judgment by him, a sum to he fixed by the court in addition to the judgment, not ex-
Judgment accordingly.