Foster v. McGuire & Dillard

Atkinson, Justice.

Ordinarily, under the provisions of our code, an action must be brought in the name of the person having the legal right to maintain it, and the legal right is in the person to whom, according to the terms of the written contract, its obligation is due. Where a promissory note is secured by mortgage, and the note itself is indorsed and delivered to a third person, together with the mortgage as collateral security to its payment, the mortgage itself being not assigned in writing, the right of action upon the note is in the indorsee, because to that paper he acquires the legal…