One not payee must have written assignment to foreclose.

- Where a promissory note and mortgage upon personal property are combined together in one instrument, one who is not the payee named in the paper cannot foreclose the mortgage in that person's own name as holder and owner thereof without having a written assignment of the same. Nicholson v. Harris, 90 Ga. 257, 16 S.E. 84 (1892).

Landlord's lien may be assigned in writing whether the contract between landlord and tenant written or not. I. M. Scott & Co. v. Ward, 21 Ga. App. 535, 94 S.E. 863 (1918).

Warehouseman's attempted pledge of other's property will not constitute assignment.

- An attempt by a warehouseman to pledge property of another in the warehouseman's possession by means of warehouse receipts will not constitute a transfer of liens thereon. National Exch. Bank v. Graniteville Mfg. Co., 79 Ga. 22, 3 S.E. 411 (1887).

Cited in Taylor v. Blasingame, 73 Ga. 111 (1884); Logue v. Walker, 141 Ga. 644, 81 S.E. 849 (1914); Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948).

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assignments, § 50.

C.J.S.

- 53 C.J.S., Liens, § 15.

ALR.

- Subrogation to prior lien of one who advances money to discharge it and takes new mortgage, as against intervening lien, 70 A.L.R. 1396.