Giselman v. Starr

Holding

The court held that the executors of S.C. Hastings’ estate held valid title to a note and mortgage, that an alleged gift of the instruments to a third party was legally ineffective for lack of delivery, and that the defendant-mortgagor’s statutory right to have an action prosecuted by the real party in interest was not violated where a judgment for the plaintiff would protect him from any future claims.