Ennis v. Finanz Und Kommerz-Union Etabl.

LEHAN, Judge.

We affirm the final judgment which in effect constituted a ruling that upon a con*375veyance to the mortgagee of fee simple title to the mortgaged property no merger of interests occurred which extinguished the mortgage. The effect of that ruling was that there is a mortgage lien superior to appellants’ judgment lien.

Whether or not such a merger occurs depends upon the intention of the person in whom interests of the foregoing kinds are united; absent manifestations of an intention by that person that there be a merger, none occurs. See Jackson v. Relf, 26 Fla. 465, 467-70, 8 So.…