Rand-Shepard Co. v. Dollar Savings Institution, Inc.

The endorser o'f a note secured by mortgage is1 neither a necessary nor a proper party defendant in a suit to foreclose the mortgage. This point having been raised by the indorser by demurrer which was overruled, the decree appealed from must be reversed upon the authority of the recent case of Delbeck Inv. Co. vs. Raff, 136 So. 683.

It is so ordered.

Buford, C.J., and Ellis and Brown, J.J., concur. Wi-iitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.