Fraser v. Martin

Grice, Justice.

Only two questions are argued in the briefs of counsel: (1) merger, and (2) the validity of Clarke’s appointment as trustee and his right to advertise and sell as the agent of Miss Martin.

Fraser contends that when Miss Martin took a conveyance of the property from G. W. Smith, the estate she then held under the loan deed became merged into that she acquired from Smith, and that the resulting merger of estates “ automatically canceled” the loan. He does not contend that the loan has been paid, or that Miss Martin in taking the deed from Smith intended that a merger should take…