Louisiana Court of Appeal, 1885

Hebert v. Smylie

Hebert v. Smylie
Louisiana Court of Appeal · Decided July 1, 1885 · Gunby
1 Gunby 73

Hebert v. Smylie

Opinion of the Court

Gunby, J,

A mortgage on personal property is null; but a stipulation in such mortgage that the mortgagor will pay ten per cent, as attorney’s fees in case it be necessary to resort to judicial proceedings to enforce the collection of the note to secure which *74the mortgage is given, is an obligation independent of the mortgage and is valid and binding, though the mortgage be avoided. 21 An. 8.

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