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1 Gunby 73

Hebert v. Smylie

Louisiana Court of Appeal

Decided July 1, 1885

Louisiana Court of Appeal · decided 1885-07-01

Decided 1885-07-01

Gunby, J,

¶1A 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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