Home/M.D. Georgia/United States v. Allen

United States v. Allen

536 F. Supp. 222, 1982 U.S. Dist. LEXIS 11059
District Court, M.D. Georgia·Decided March 11, 1982·No. Civ. A. No. 81-84-VAL·Published·Cited by 1 cases

Opinion

OWENS, District Judge:

This case presents the question of whether or not the plaintiff holder of a second deed to secure debt in the course of purchasing defendants’ first deed to secure debt and promissory notes must, in addition to outstanding principal and interest, pay 15% attorneys fees on account of 1933 Ga.Code § 20-5061 as applied to the stipulated [224]*224undisputed facts. The parties have submitted their briefs of law, and the question is ready for decision by the court without a jury.

The Facts

The stipulated facts show that on September 13, 1978, James William Bush purchased 1,180 acres of land in Coffee County, Georgia from defendants James L. Allen and H. W. Allen, and in payment of some unspecified part of the sales price executed two promissory notes totalling $330,000 principal plus interest and a deed to secure debt to which copies of said notes ’ were attached as exhibits. Said deed to secure debt and notes were duly recorded in the office of the Clerk of the Superior Court of Coffee County, Georgia. Each note provided:

“In the event of default in payment of this note, and if the same is collected by an attorney at law, the undersigned agrees to pay all costs of collection.”

On November 26,1980, defendants James L. and H. W. Allen signed the following agreement:

[225]*225

Free access — add to your briefcase to read the full text and ask questions with AI

United States v. Allen, 536 F. Supp. 222, 1982 U.S. Dist. LEXIS 11059 (M.D. Ga. 1982).

536 F. Supp. 222 (United States v. Allen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. James L. Allen and H.W. Allen
699 F.2d 1117 (Eleventh Circuit, 1983)