Strong v. Downing

Downing sued Strong, to foreclose a mortgage executed by Strong to one Weeks, tQ secure the payment of two promissory notes. The notes and mortgage had been assigned by Weeks to Downing by a separate instrument, and not by indorsement.

There was a demurrer to the complaint for the reason that it did not state facts sufficient to constitute a cause of action, which was overruled, and exception taken.

This is the first error assigned. We discover no defect in the complaint, except that as Weeks did not indorse the notes, but assigned them by a separate writing, he should have been made a…