Barcus v. Evans

Suit upon notes and a mortgage. The suit is by an assignee. He alleges in his complaint tliat the payees “ assigned and delivered the notes,” &c., to the plaintiff. The notes and mortgage were set out by copy, but no assignment of them. The assignors were not made parties. For this cause, specially assigned, the complaint was demurred to; but the demurrer was overruled, and exception taken. There was a personal judgment on the notes for any deficiency on the mortgage sale.

Two modes of assigning notes are authorized by our code; one by delivery, and the other by “indorsement on the back…