Bourland v. Kipp

Citations

• 55 Ill. 376

Syllabus

<p>1. Scire facias—to foreclose a mortgage—where the debt has been assigned. The assignment of a note secured by mortgage does not prevent a foreclosure by seire facias in the name of the mortgagee for use of the assignee, the proceeding being upon the record of the mortgage and not upon the note.* </p> <p>2. So in such a proceeding in the name of the mortgagee for the use of his assignee, a plea alleging the assignment and transfer of the note and mortgage to such assignee before the issuing of the writ is not availing as a plea in bar.</p>