Facts:

• The case involves the Manila Building & Loan Association (plaintiff/appellee) against B. A. Green (defendant/appellant) and S. W. O'Brien et al. (defendants/appellees).
• The decision was rendered on February 27, 1930, concerning two consolidated cases from the Court of First Instance of Rizal and the City of Manila.
• The first judgment in Rizal was for P102,597.38, and the second in Manila was for P103,297.38, with the difference due to accumulated interest.
• The mortgage stipulated a 10% attorney's fee in the event of foreclosure.
• The courts allowed a total of P7,500 in attorney's fees, which was less than the 10% fee of approximately P10,330.
• B. A. Green admitted to executing the note and mortgage but argued that only one attorney's fee should be awarded for the same mortgage.
• The mortgage covered properties in two provinces, necessitating separate decrees from both courts.
• The court awarded P7,000 in attorney's fees for the association and upheld P2,500 for O'Brien et al., with interest from the date of the answer in the first case.

Issue:

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Ruling:

• The court ruled that the Manila Building & Loan Association is entitled to recover attorney's fees from both courts due to the necessity of separate decrees for properties in different provinces.
• The attorney's fees for the Manila Building & Loan Association were mo...(Unlock)

Ratio:

• The court's decision was based on the principle that the mortgage covered properties in two distinct provinces, requiring separate legal actions for each property.
• This justified ...continue reading