Spencer v. . Ayrault

This action was brought for the foreclosure of a mortgage, executed to the plaintiff by his father, Samuel W. Spencer, on the 16th of December, 1839. It appears from the case that on the 20th of December, 1845, the father conveyed the mortgaged premises to the plaintiff by a quit-claim deed. The counsel for the defendant contends that this caused a merger of the mortgage. It is a well settled rule that when a greater and a less estate meet in the same person equity will preserve them distinct, provided there is an express or implied intent to do so. (Compton v. Oxenden, 2 Ves., Jr., 264; 4…