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MOSES v. THORNE et al.

         The assignment of the judgment refers to the bond, and carries it with it. The bond, when filed, became part of the record in that case, and passed with the judgment, as much as the assignment of a note carries with it the mortgage, the latter being merely incident to the debt. (Jackson v. Blodge, 5 Cowen, 202; Patterson v. Hull, 9 Cowen, 747; Cathcart's Appeal, 13 Harris, Penn. 416. and cases there cited.)

         JUDGES: The opinion of the Court was delivered by Mr. Justice Heydenfeldt. Mr. Chief Justice Murray concurred.

         OPINION

          HEYDENFELDT, Judge

         There was no right of action in the plaintiff in his own name. To entitle him to bring this suit, he should have had an assignment of the bond. The assignment of the judgment, while it may give him equitable rights to avail himself of the security afforded by the bond, cannot confer the right of bringing a common law action upon it.

         The reason why a mortgage follows the transfer of a note which it secures, is because a foreclosure is only sought in equity.

         The judgment is reversed.

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Moses v. Thorne
(Jan 1, 1856)