Hooper v. Young

I dissent from the denial of the petition for rehearing in this case. The decision of the court is based on the proposition that the defendant Webber, by virtue of a deed executed to her by her father, W. B. Swain, succeeded to all the rights of Swain as mortgagee of the land. There was no evidence of a transfer to Webber of the mortgage debt. The court says: “Whatever the true character of the conveyance made by Shanklin to Swain was, the defendant Webber, through her conveyance from the latter, succeeded to all his right and interest. If such conveyance was in fact a mortgage, she succeeded…