Page:Federal Reporter, 1st Series, Volume 2.djvu/51

 44 MiDBRAIi KEPOETEK. �supreme court of the United States that this defence ia not available against the purchaser of the note and mortgago before maturity, for value, and without notice. �The doctrine is old and indisputable that the holder of nego- tiable paper, before maturity and without notice, takes it clear of equities between the original parties, and neither fraud nor duress would invalidate it in bis hands. See Clarke v. Pease, 41 N. H. 425, where tbis matter is fuUy discussod and authori- ties cited; also, Hogan v. Moore, 48 Ga. 162. So, also, is the doctrine that a purchaser, by deed of real estate, without notico, may rely upon the record, and will take the title free of equities between the original parties. Boone v. Chiles, 10 Pet. 210; Deputy v. Stapleford, 19 Cal. 305; 1 Story's Eq. Jur. 64, 434, 436. As to the question whether the purchaser in good faith of a pi'omissory note before maturity, who takea an assignment of a mortgage securing the same, takes the security as the note free of equities, is one upon which there is some conflict among the decided cases, but the great weight of authority is to the affirmative. It is sufficient for thia court that the supreme court of the United States has so held. The security is but an accessory to the debt, and follows the note and takes the same character. Carpenter v. Logan, 16 Wall, 271, 275; Sawyer v. Pkkett, 19 Wall. 147; 1 Jones on Mort. § 834, and cases cited. �It follows that the plaintiff is entitled to his decree as pray- ed for in his bill. ���BA^'K: OF BiiiTiSH NoRTH America v. Ellis and othera. {C'ircuit Court, V. Oregon. January 26, 1880.) �Xegotiablb Instruments— Eaely Bi.ank Indohsement— Subsequent Ikdoksbks.— The holder of a negotiable instrument who makes an early blank indorseraent, payable to himself, does not thereby discharge ail subsequent indorsers. �Same— Accommodation Indobseks— Attoknet Fbb.- Accommodation indorsers are liable for the payment of a stipulated attorney fee in casa •uit should be instituted for the payment of the note. ����