ARGUED AND DETERMINED
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y WINSTEAD v. B1NoHAM.* V
(Circuit Court, N. D. Georgia. August, 1882.)
1.. Memorex LmNs—Ass1e1~mmzr or.
In regard to the assignment of mortgage liens the law of Georgia does not dif-
fer from the general rules of law and equity, and therefore, in that state, a
transfer by delivery of a promissory note payable to bearer and secured by mort- -
gage, carries with it the mortgage lien, so that the holder of the note may fore-
close the mortgage by suit in equity in his own name, and without making the
mortgagee a party. _
2. Anrronn 1996, Conn or Gnonou.
The article 1996 of the Code of Georgia does not in any way provide for
mortgage liens. ~
Panonn, C. J. The bill in this case is for the foreclosure of a mort-
gage given by defendant to one Freeman, executor, to secure the
payment of a note of even date therewith payable to bearer. The
hearing is on the merits, and the proof consists of the notes in
question, produced by complainant, and the mortgage duly executed
as set forth in the bill. Neither note or mortgage show any assign;
ment in writing, and the question for decision is whether, in such a
case, under the law of Georgia, the bearer of the note takes any
title suflicient to foreclose the mortgage in his own name.
*Reported by Joseph P. Hornor, Esq., of the New Orleans bar.
v.14,no.1—1