Simms v. Lawrence

Lawrenee, assignee of Josiah Burney-, sued Simms in a justice’s court, on a note executed by Simms to Burney, and assigned to Lawrence. On the trial in the circuit court, the note and the assignment thereon, were read in evidence, but no proof was made of the assignment. Simms objected to the reading of the assignment without proof «of its having been made, but his objection v/as overruled, and a verdict and judgment having been rendered against him, he sued out this writ cf error.

It is clearly settled, that under the statute, an assignment vests the title of the instrument in the assignee,…