
    No. 733.
    Chaffe & Powell, Assignees vs. David B. Moore.
    Payment of a note must be proved. It does not suffice to shew that the maker has left a sum of money in the hands of a person not authorized to receive it as a payment.
    If no rate is fixed in the act of mortgage for attorney’s fees, but only a general stipulation relative thereto, proof of the value of the services is indispensable to authorize the court to make the allowance therefor.
    
      Appeal from the District Court for Richland. Rat, J.
    
      Farmer for Plaintiffs Appellants. R. W. Richardson for Defendant.
   Marr, J.,

delivered the opinion, reversing the judgment.

Decree for Plaintiffs.  