Young v. Miller

The plaintiff is indorsee of one of two negotiable notes, one for $300, the other for $750, secured by a mortgage. The payee indorsed the $300 note to the plaintiff, but did not assign the mortgage or any part of it, but retained it and the other note secured by it, and afterwards transferred them, and the assignee discharged the mortgage.

The plaintiff now brings this writ of entry to foreclose the mortgage, and claims that she had an interest in the mortgaged *153premises pro tanto, and that the mortgage could not be discharged in full, to her injury; and that, although the present defendant…