Wall v. Bissell

Citations

• 125 U.S. 382
• 8 S. Ct. 979
• 31 L. Ed. 772
• 1888 U.S. LEXIS 1939

Syllabus

<p>It seems, that under the statutes of Indiana an executor named in a will, who has never qualified, or been appointed by the Court of Probate, or taken out letters testamentary, has no power to redeem a mortgage of real estate, either as an executor, or as trustee under the will.</p> <p>In equity, a mortgage of real estate, made to one of two creditors to secure the payment of a debt due to them, jointly, is incident to the debt, and may be released, after the death of the mortgagee, by the surviving creditor; and a release, made in good faith by the survivor, of part of the land from any and all lien by reason of the mortgage, is valid against himself and the representatives of the deceased, although he is in fact executor of the latter, and describes himself as such in the last clause and the signature of the release, and has by law no authority to enter the release as executor, for want of letters testamentary.</p>