SECURITY MORTGAGE CO. v. POWERS

No. 5012.

21 F.2d 965 (1927)

SECURITY MORTGAGE CO. v. POWERS. In re FLORIDA FURNITURE CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

October 25, 1927.


Attorney(s) appearing for the Case

W. D. Thomson and Asa W. Candler, both of Atlanta, Ga. (Candler, Thomson & Hirsch, of Atlanta, Ga., on the brief), for appellant.

Walter S. Dillon and Clarence H. Calhoun, both of Atlanta, Ga. (Dillon, Calhoun & Dillon, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

In this case the material facts, which are stipulated, are these: The Florida Furniture Corporation was adjudicated bankrupt on January 7, 1926, and surrendered certain real estate purchased from the Hanson Motor Company, prior thereto, which property was burdened with a mortgage of $90,000 held by appellant. The deed of trust contained a provision for 10 per cent. attorney's fees in the event of foreclosure. At the time of adjudication in bankruptcy...

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