97 Mich. 536 | Mich. | 1893
Frederick Schmidt and Anna O. Schmidt, his wife, executed two mortgages — one 'May 5, 1871, and the other April 10, 1872 — to William Hi Baxter, a citizen of Vermont. December 14, 1872, one Rounsavell obtained a judgment against Frederick Schmidt, and March 15, 1873, levied on these mortgaged premises. The claimant in this case was the attorney for Rounsavell, who, in 1876, conveyed to claimant his interest in the judgment and levy. April 29, 1873, Baxter commenced a foreclosure for unpaid interest. An order pro confesso was entered June 26, 1873, and in September, 1873, Mr. Wilkinson paid the amount due, including $100 as a solicitor’s fee, provided in the mortgage. May 15, 1873, a. second foreclosure was commenced, and went to decree February>21, 1874. The report of the commissioner included $100 as solicitor’s fee, and this amount was likewise included in the decree, and was paid by Mr. Wilkinson. In 1874 two other foreclosure suits were instituted by Baxter, in both of which Mr. Wilkinson appeared as solicitor for Rounsavell. These suits went to decree and sale, and each included $100 solicitor’s fee. At the sales the property was bid in by Mr. Wilkinson. The installments of interest due May 5 and April 10, 1875, being unpaid, the mortgagee foreclosed by advertisement. . The like attorney’s* fees were included in the amounts claimed to be due. Upon the sales the property was bid in by Mr.
Mr. Toms died March 4, 1884, and Mr. Baxter January 4, 1886. Administration was had upon Mr. Baxter’s estate in the probate court of Wayne county. Mr. Wilkinson presented claims against the estate for the $400 solicitor’s fees, and the $200 attorney’s fees in the foreclosures by advertisement. The commissioners disallowed the $400, and allowed the $200. The estate appealed to the circuit court. Judgment was rendered in favor of claimant for the $200. The estate alone appeals.
Judgment must be reversed, and judgment entered here for the estate, with costs of both courts.