
    Saml. Montgomery v. Wm. M. Kerr.
    A mortgage oí pei'sonal property, vests the legal ti-tie in the mortgagee, and he may bring trover after condition broken, and perhaps before, unless there be a stipulation that the mortgagor may retain possession until condition is broken. The assignment of a mortgage, is in the nature of a bill of sale, and transfers the title to the assignee, who may therefore maintain an action in his own name, for a tort to the property.
   Per Curiam,

setting aside a non-suit ordered by Mr. Justice Gantt, at York, Spring Term, 1833.  