Modern American Law : a Systematic And Comprehensive Commentary On the Fundamental Principles of American Law And Procedure, Accompanied By Leading Illustrative Cases And Legal Forms, With a Rev. Ed. of Blackstone's Commentaries

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If the mort- gagee has made an absolute assignment, he cannot thereafter prosecute the suit even for the benefit of his assignee.*^ A junior mortgagee may maintain a bill to foreclose his own mortgage, though, of course, the senior mortgagee cannot be adversely affected' thereby. , The assignee of the mortgagee can in most states prosecute the action in his own name, as a re- sult of the generalrule permitting the real party in interest to sue, and this may be true even where his assignment is ...not in legal form. The assignee of the mortgage note, alone, is generally permitted to foreclose the mortgage, and without joining the foSummerB v. Bromley, 28 Mich. 125, Leading Illustrative Cases.
61 Barraque & Mason v. Manuel, 7 Ark. 516.
402 POKBCLOSURE BY SUIT 121 mortgagee as a party. After the death of the mprt- gagee, his personal representative, and riot his heir, is the proper party to sue for foreclosure. The heir cannot maintain the bill, nor need he be joined by the personal representative.


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