Ord

Murray, C. J., concurred.

The note sued on in this case was payable to the plaintiff, and although it described him as agent of McKee, this did not take away his right to sue in his own name at law. Then, to entitle him to go into equity and seek a foreclosure of the mortgage, depended simply upon the fact, whether he was really interested in the subject matter.

It is not disputed, that by the contract with McKee, he was fully entitled to one-half of the note; nor can his right of action be defeated on the ground that the mortgage to secure the ■ payment of the note was made to McKee and not to himself. A mortgage is a mere incident to the debt which it secures, and follows the transfer of a note with the full effect of a regular assignment. Ord having the right to the note, had undoubtedly a right to foreclose the mortgage.

The defense set up as to the agreement between McKee and Mun-roe, was not properly substantiated by the evidence. The Court pro perly refused the introduction of a copy of a mortgage, when the original was not accounted for; and so also with the letter of attorney from Walter to St. John; and thus, it does not appear by what authority Munroe paid to St.…