Weathersbee Et Ux. v. Padgett
Weathersbee Et Ux. v. Padgett
Opinion of the Court
— This was a suit to foreclose a mortgage to enforce payment of indebtedness evidenced by a promissory note.
The validity of the mortgage was not attacked by plea or answer. The mortgage appears valid on its face. Evidence offered to support a defense of invalidity was properly rejected, or not considered, as it was outside the issues.
Under the allegations of the bill and proof offered the complainant was only entitled to a decree for $122.55 as solicitor’s fees. In all other respects the decree appears to be without error. The Chancellor is directed to modify the ■decree as to attorney’s fees, allowing therefor only the sum of $122.55, whereupon, the decree as so modified shall stand affirmed. It is so ordered.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.