¶1The plea must be allowed. The complainant has put himself out of Court, by parting with his interest in the mortgage. Defendant has a right to object that the party in interest is not before the Court. Mills v. Hoag, 7 Paige R. 18; Field v. Maghee, 5 Paige R. 539.
1 Walk. Ch. 416
Wallace v. Dunning
Decided June 15, 1844
Michigan Court of Chancery · decided 1844-06-15
Bill to foreclose a mortgage. Before answer, and after filing his bill, complainant assigned all his interest in the mortgage, and defendant put in a plea stating that fact.
Decided 1844-06-15