The opinion
Davis, J.
(concurring in part, dissenting in part). — I concur in all that is contained in Mr. Justice Ellis’ opinion except condemnation of the attorney’s fees allowance. It is a rash thing to presume that the attorney for the mortgagee intended his legal services as a gratuity to his client. If he did not, the law will imply an enforceable promise from the client to pay a reasonable fee for foreclosing the mortgage. Why cannot indemnity against what the law will imply as a recoverable attorney’s fee be recovered in a case like this ? I think it can be on the very principle which is cited to deny it, namely indemnification.