Pease v. Doane

Citations

• 33 Pa. Super. 6
• 1907 Pa. Super. LEXIS 228

Syllabus

<p>Mortgage — Merger—Deed—Intention.</p> <p>A mortgage does not necessarily merge or become extinct by being united in the same person with the fee. When a person becomes entitled to an estate subject to a charge for his own benefit, he may take the estate and keep up the charge. The question in such case is upon the intention, actual or presumed, of the persons in whom the estates are united.</p> <p>Where a judgment creditor whose judgment is junior to a mortgage, suggests, for purposes of convenience and to save expense, that the owner of the land shall convey his equity of redemption to the mortgagee, and this is done without any of the parties intending that the mortgage debt shall be extinguished, the judgment creditor cannot thereafter claim that there had been a merger, and that his judgment had thereby become a first lien upon the land.</p>