The Montgomery advertiser., 1904-02-20
HeAd-NoteS Qf the Decisions
 Of Alabama Supreme Court.

ing the register has directed to allow the mortgagor damages for any waste that the evidence may show had been committed, and in obedience to this de- cree the register allows damages for waste, which Is confirmed by a decree of the court. and such allowance Is not challenged in the court below upon any other ground than that the evidence did not show that any damage resulted from the acts complained of as waste, 1t will be considered on appeal that the port- gagee waived the failure of the mortgagOr to claim the damages in his bill or cross bill, and the objection to the mortgagor' $ failure to aver waste comes too late and will not be considered.
 f. Redemption by mortgagor from mortgage in possession; allowance of at- torney's fees.-In a bill filed by mort gagee to compel the purchaser at fora closure saIe. without authority being given therefor in the mortgage, to com pei the mortgagor to affirm or disafKirIn sale, and in the event of Its disaffirm- ance seeking to have the mortgage fore closed, where the mortgagee asks for the allowance of attorneys fees, as stipulated for in the mortgage, and the mortgagor, by cross bill, seeks to redeem from the mortgagee in possession, and the allow ance of attorneys fees to the complain ant in the original bill Is one of the issues in the case. and in the reference before the register under orders of the court, there was evidence introduced as to the value of the services performed by the complainant's counsel, and in his report, which was confirmed, the register made an allowance of counsel fees. that portion of the decree of the chancellor confirming the allowance made by the register. will be affirmed on appeal, unless 1t is plain and clear to the appellate court that the allowance was incorrect in amount.
 5. Same; same.-In such a case. ale though the evidence shows that the com plainant mortgagee paid it's counsel in advance for services rendered the mort gagee would not be entitled to interest upon the attorneys fee so paid. from the time of pay mt to the time of the rendi- ton of the decree confirming the regis ter's report allowing said fee.
 6. Redemption by mortgagor from mortgagee in possession; to what inter- est on taxes paid mortgagee entitled.-Up- on the redemption by a mortgagor from a mortgage in possession, where 1t Is shown that the mortgage paid the taxes upon the property for each of the several years 1t was in possession thereof, such mort Ragee should be allowed interest on the several sums expended for taxes. from the dates of such payments respectively. tc the times at which they were applied Tn reQuCtlOH ot tno rent CnarBe TOT tns current year.
 2. Same; mortgagee not entitled to credit for taxes paid by It's vendee.- Where m"-tgagee who purchases at It's foreclosure sale without he- | ing authorized thereto by the uortage subsequently, makez 2 cont~n ~ of sale of the lands sn purcNas,d. in which 1t is stipulated that its ven1ee should keep the taxes on the lands paid up while r., possession thereof. upon subsequent dis aflrmance of the sale and the redenptin- of the lands by the mortgagor. the mor'O gagee is not entitled to ere lit for the taxes paid by its said vendee.
 S. Same: mortgagee not entitled f lcommissions paid to agent for rentine Hand Where corporation which ia 7 lnortgagee. sells the lands conveyed in the mortgage under the power of sal, con ltained therein. and. without authorit, given, becomes a purchaser. and subse letting of the place as a whole to on, Ito one tenant. upon the redemption O said lands bv the mortgaEnr fr-n in
 mortgqg gee. the latter Is not ent'tl-d to b
 credited with the commissions naid hv
 to the agent for renting out said lanSs :.
 its tensnt or collecting tho rent iron lsuch tenant