Anderson v. Wickliffe

The defendants executed a mortgage of real property to secure a promissory note made by them to Security Building Company, a corporation. The plaintiff, alleging that he was the assignee of the note and mortgage, brought this action of foreclosure. The defendants denied the assignment to plaintiff, and set up affirmative defenses, which need not be considered here. At the close of plaintiff’s ease, the court granted the defendants’ motion for non-suit, and judgment was entered accordingly. The plaintiff appeals from the judgment and from an order denying his motion for a new trial.

The motion…