Ohio Supreme Court, 1893

Leavans v. Bank

Leavans v. Bank
Ohio Supreme Court · Decided October 31, 1893
50 Ohio St. (N.S.) 591

Leavans v. Bank

Opinion of the Court

By the Court:

A stipulation -in a mortgage to the effect that, in case an action should be brought to foreclose it, a reasonable attorney fee, to be fixed by the court, for the sendees of the plaintiff’s attorney in the foreclosure action, should be included in the decree and paid out of the proceeds arising from the sale of mortgaged property, is against public policy and void.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.