The action in Hamilton Common Pleas was for partition. The Miami Savings & Loan Co. filed an answer and cross petition, praying for judgment.

Partition was abondoned, and judgment entered foreclosing the mortgage of the Savings & Loan Co. but not permitting assessing the attorneys fees. Error was prosecuted from this judgment, and the Court of Appeals held:

A court is not authorized to allow fees to counsel for a mortgage when the property is sold in foreclosure.-

Judgment affirmed.