Bluefield National Bank v. Bernard

It seems to be settled law in this jurisdiction that a trust creditor, after having assigned the secured debt or a portion thereof, cannot legally release the lien and thereby destroy the rights of assignees, regardless of whether the rights of innocent third parties have intervened or not. Bank v. Coal Coke Company, 89 W. Va. 659; Thompson v. Bennett, 105 W. Va. 191;Myers v. Land Co., 107 W. Va. 632. In the Thompson-Bennett suit, which was brought by Thompson, assignee of Bennett, to cancel a release of the lien of a deed of trust, which release was wrongfully executed by Bennett subsequent…