Post v. Springsted

Grates, O. J.

The case is sufficiently outlined by the opinion 'of the circuit judge.*

*91First. The title to the mortgage never passed out oí decedent. Tbe power of attorney to James "Walsh gave no authority to assign it to anybody and certainly not to himself, and the evidence of the assignees is conclusive that the assignment was not meant to convey any real interest.

Second. To be effectual a tender must be made at the right time and place and to the proper person, and in case the defence based on it depends as it does here on new matter by way of avoidance it is necessary that the defendant *92all…