
    Wallace v. Dunning et al.
    
    Where a complainant parted with his interest in a mortgage before answer, it was held a good objection to the suit.
    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.
    
      O. D. Richardson, in support of the plea.
    
      M. L. Drake, contra.
   The Chancellor.

The 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.  