2. rmnniun imronrmn.
At common law and in equity it is well settled that the incidents
follow the principal, and that the transfer of a note secured by a mort-
gage carries with it the mortgage security;` so that the transfer by
delivery of a note payable to bearer, will transfer the mortgage given
to secure the note. And the law of Georgia is the same, unless there
has been a change made by some statute ofthe state. See   Ga. 86;
32 Ga. 228. * ‘
The statute claimed to have made this innovation is the act
of 1873. Sess. Acts 1873, pp.·4s2 to 47. Section 21, thelast of the
act, is to the effect that "all liensiherein provided for may be as-
signed by writing and not otherwise, and under such assignment the
assignee shall have all the rights of the assignor as regulated by this
act." ___Anexamination of the entire act shows that the first section
declares certain liens to be established, among which is the lien by
mortgage. The second section provides for the superiority of liens
for taxes,—first for the state, secondly for counties, and thirdly for
municipalities. The third section is to the effect that certain liens,
to-wit, in favor of judgment creditors, of mortgage creditors, and in
favor of the state for costs, shallremain as under existing laws, ex-
cept when altered by the subsequent provisions of the act. The re-
maining and subsequent sections relate in no manner to provisions
for the mortgage lien, and in no way alter the mortgage lien. No
adjudicated cases from the supreme court of Georgia are cited where
the last section of the act in question, or section 1996 of the Code to
the same purport, have been construed so as to cover assignments of
. mortgages. i
The case of Dalton City O0. v. Johnson, 57 Ga. 398, cited by
counsel for. defendant, throws no light on the question; the notes
sued on contained no negotiable words, and there was no assignment
proved in writing or otherwise.
The case of Turk v. Cook, 63 Ga. 681, referred to, is not in point.
That was a suit brought on an open account, without an assign-
ment in writing.
The case of Planters' Bank v. Prater, 64 Ga. 609, cited, would
cover the case, had the question under consideration been before the
court. That was a suit brought on an absolute conveyance of real
estate, with a bond to reconvey on the payment of certain notes pay-
able to order, which notes were not indorsed, but were transferred
by delivery. Jackson, Justice, in giving the opinion of the court,
says: _