Petsas Et Ux. v. O'Grady
Petsas Et Ux. v. O'Grady
Opinion of the Court
In this case the appellee sought to foreclose a mortgage given to secure an original indebtedness of $2,000.00. It was alleged in the bill of complaint that $500.00 had been paid on the original indebtedness and that there was at the time of the institution of suit due and owing on said note the sum of $1,500.00 as principal, with interest from date to the date of the filing of the bill. The decree, however, required the defendants to pay the full sum of $2,000.00 as principal, together with interest and attorney’s fees.
It is admitted on brief in behalf of the appellee that the decree should have been for $1,500.00 principal and that the entry of the decree for the sum of $2,000.00 was erroneous.
We hold that the decree should have been for the sum of $1,500.00, with interest, costs and attorney’s fees,'instead of having been in the sum of $2,000.00, with interest, *73 costs and attorney’s fees. Tbe decree is therefore reversed and remanded with directions that a decree be entered conforming to this opinion. The costs of this appeal must be taxed against the appellee.
Reversed.
Reference
- Full Case Name
- John Petsas and Theony Petsas, His Wife, Appellants, v. Edward O’Grady, Appellee
- Cited By
- 1 case
- Status
- Published